Jersey Unreported Judgments

 2001/137

ROYAL COURT

(Samedi Division)

 

15^th June 2001

 

 

The Attorney General

-v-

Maureen Anne Fagan

 

 

1 count of:

grave and criminal assault.

 

 

Age:     48.

 

Plea:    Guilty.  

 

Details of Offence:

On Tuesday 13^th March, 2001 Fagan, after having spent some time drinking in a pub with her ex fiancé (the victim) and having an argument with him, followed him to his home whereupon he called the police and she was escorted home.  She then took a taxi back to the victim's address where she let herself in and in the course of the ensuing argument, followed him into the kitchen and attacked him with a 12" knife which she found there, causing a 2cm  x 1cm laceration and a shallow puncture wound.  During the attack the victim recalls Fagan saying "I hate you, I have to kill you."  The victim suffered no long term damage. 

 

Details of Mitigation:

Guilty plea.  No relevant previous convictions.  Fagan showed remorse and shame for her actions.  Enjoyed open access to her two young children.  Although Fagan had a history of a tempestuous relationship with the victim, her behaviour was out of character and she felt remorse towards the victim who had let her down badly on two occasions, promising her a wedding which he then called off and then moving into a house which he had promised to secure for her.  Fagan had no intention to kill or seriously injure her victim. 

 

 

Previous Convictions:

 None relevant. 

 

Conclusions:

2 years' imprisonment.

(starting point 4 ½ years.)

 

Sentence and Observations of Court:

Grave and criminal assault at lower end of the scale.  Nevertheless potential for serious injury.  Unusually the victim accepts responsibility and requests court to be lenient.  Defendant of good character.  Incident arose of love/anger and alcohol consumption.  Court imposes community service order of 240 hours.  The sentence which the Court would have imposed had it not made a community service order was one of 18 months. 

 

 

 

P. Matthews, Esq., Crown Advocate.

Advocate P.D. James for the defendant.

 

 

 

JUDGMENT

 

 

THE DEPUTY BAILIFF:

1.        To threaten anyone with a knife is a serious matter.  We accept that this was at the lower end of the scale of such offences.  It involved two very superficial injuries to the victim's arm caused as he tried to take the knife from the defendant which he succeeded in doing.

2.        Such cases normally merit imprisonment because of the potential for serious injury caused by the use of a knife.  In this case there is very powerful mitigation.  We accept that it arose out of the fact that the defendant had been in love with the victim; he had deceived her and let her down in a very public way over the proposed marriage, and then over accommodation.  What is unusual is that the victim has written a letter and spoken to the probation officer accepting some responsibility and asking for leniency on the part of the Court.

3.        The defendant has no previous convictions of any relevance; she is of excellent character; hardworking, and holds a responsible job.  We are satisfied that it was a one-off incident which was fuelled by a mixture of love and anger coupled with a large consumption of alcohol.

4.        Stand up, please.  The Court is not going to send you to prison.  We are going to impose a community service order of 240 hours and we must tell you that the period of imprisonment we would have had in mind would have been one of 18 months.

 

 

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