Jersey Unreported Judgments

 2001/165

ROYAL COURT

(Samedi Division)

 

27^th July 2001

 

 

The Attorney General

-v-

Steven Ross

 

 

1 count of:

grave and criminal assault.

 

[Two co-accused failed to appear; and their arrest had been previously ordered.]

 

Age:     23.       

 

Plea:    Guilty.  

 

Details of Offence:

Ross and his Co-Defendants Browne and Delaney celebrated St. Patrick's Day. The Defendant consumed at least ten pints of lager.  Browne and Delaney had an altercation with the victim who was parking his car near the Central Market.  Browne alleged that the victim touched him with his car when reversing.  A struggle took place between Browne and the victim.  Delaney punched the victim to the floor.  Once the victim was on the floor, Ross joined in the attack and kicked the victim at least twice, including a kick to the head.

  

Details of Mitigation:

No previous convictions - a man of good character with excellent references.  Had appeared for trial.  Co-Defendants had absconded.  Residual youth.  Guilty plea.  Co-operated with the Police.  Could not remember the incident.  Low risk of the Defendant re-offending.

 

Previous Convictions:

One minor offence, otherwise of good character.

 

Conclusions:

Street violence should attract a custodial sentence.  This was a cowardly attack - the Defendant kicked the victim once on the floor including a kick to the head.  The Defendant's attack was aggravated by drink.  Violent behaviour in a public place should attract a deterrent sentence.  A lack of remorse in that in the Probation Report the Defendant maintained that he did not deliberately kick the victim.

 

Starting point: 4 years' imprisonment.

Sentence: 2½ years' imprisonment.

 

Sentence and Observations of Court:

The Court agrees with the Crown that street violence is unacceptable and should be met with a custodial sentence.  The Defendant was on the periphery of the incident.  Good references.  First offender - out of character.  Court able to avoid a custodial sentence.

Sentence of the Court:

240 hours community service; exclusion from 1^st and 7^th category licensed premises for 6 months from today.

 

NB: Had the Court imposed a custodial sentence, it would have been a sentence of 18 months.

 

D.E. Le Cornu, Esq., Crown Advocate.

Advocate A. Clarke for the Defendant.

 

 

 

JUDGMENT

 

THE BAILIFF:

1.        We agree with the Crown Advocate that street violence is quite unacceptable and generally should be punished with custodial sentences.  In this case, however, the accused, we are satisfied, was on the periphery of the attack and was not responsible for the serious injuries suffered by the victim at the hands of the two co-accused who have absconded.

2.        We have taken account of the excellent references supplied for the accused and the fact that he is a first offender.

3.        Ross, you were 'steaming' drunk on that occasion and you behaved disgracefully in joining in the mêlée and kicking Mr. Roberts while he was on the ground.  It is only because we are satisfied that this is out of character, so far as you are concerned, that we are going to impose a non-custodial penalty.  We hope that you will appreciate how close you have come to a custodial sentence and that you will not ever again become involved in this kind of affair.  Had we been going to impose a custodial sentence, we would have imposed one of 18 months' imprisonment.  However, the Court orders you to perform 240 hours of community service.  We also make an exclusion order for a period of six months, from today, excluding you from 1^st and 7^th category licensed premises, that is from pubs and nightclubs.

 

 

Authorities

Mallet -v-AG (14^th July 2000) Jersey Unreported; [2000/134]