Jersey Unreported Judgments

 2001/217

ROYAL COURT

(Samedi Division)

 

26^th October 2001

 

 

The Attorney General

-v-

Darren William Blackley.

 

1 count of:	Grave and criminal assault (count 1);
1 count of:	Larceny (count 2);
2 counts of:	Malicious damage (counts 3 and 4);
1 count of:	Resisting arrest (count 5).

 

Breach of a 12 month Probation Order with 110 hours community service made in the Magistrate's Court on 19^th June 2001, following guilty pleas to 1 count of larceny (count 1); 18 counts of obtaining goods by false pretences (counts 2-19); 1 count of taking and driving away a motor vehicle (count 20); 1 count of failing to stop and report an accident (count 21); 1 count of driving without a licence (count 22); 1 count of driving without insurance (count 23); 1 count of being disorderly on licensed premises (count 24); 1 count of being drunk and disorderly.

 

Breach of further Probation Order made in the Magistrate's Court on 25^th June 2001, to run concurrently with the Probation Order made on 19^th June 2001, following a guilty plea to 1 count of being drunk and disorderly (count 25). 

 

Age:     22.       

 

Plea:    Guilty; Breach of Probation Orders admitted.

 

Details of Offence:

Counts 1 and 2:  On 17^th July, 2001, Blackley and his girlfriend attended the Victoria Hotel, Minden Place, St. Helier, where they became acquainted with the victim.  They left the Victoria Hotel together and walked to the Snow Hill area.  It was accepted by the Crown that, for sentencing purposes only, the victim proceeded to indecently assault Blackley's girlfriend.  Upon being told this by his girlfriend, Blackley approached the victim and hit him two or three times in the face.  Whilst the victim was lying on the ground in a dazed state Blackley stole his mobile telephone and, accompanied by his girlfriend, left the area.  The victim's injuries comprised of bruising to the right eye, a cut to the right eyebrow, swelling to the right cheek and the lower lip, as well as further abrasions and tender areas.  The victim was treated for a presumed facture of a bone around the right eye but suffered no long term sequelae.

 

Counts 3 and 4:  On 20^th July, 2001, Blackley and his girlfriend had been drinking heavily throughout  the day.  During the evening an argument broke out between Blackley and his girlfriend.  Blackley returned later that night and kicked the door of one flat, thinking it was his girlfriend's.  Upon realising his mistake, Blackley proceeded to kick the door of his girlfriend's flat, loosening its hinges.

 

Count 5:  The police were called to the scene whereupon Blackley ran away but was apprehended and arrested.  At the time of the arrest Blackley struggled and attempted to head-butt a police officer and had to be restrained.

  

Details of Mitigation:

A difficult childhood, with parents separating when Blackley was very young.  The grave and criminal assault was committed 'in the heat of the moment' because the victim had indecently assaulted his girlfriend.  Full admission made in interview.  All offences were alcohol related.  Blackley has an alcohol dependency problem.  In custody for a total of months and 21 days with  remission at date of sentence

 

Previous Convictions:

Numerous.

 

Conclusions:

Count 1:	18 months' imprisonment.
Count 2:	3 months' imprisonment, consecutive.
Count 3:	1 month's imprisonment, concurrent.
Count 4:	1 month's imprisonment, concurrent.
Count 5:	2 month's imprisonment, concurrent.

 

Breach of Probation Order of 19^th June 2001.

 

Count 1:	3 months' imprisonment.
Count 2-19:	3 months' imprisonment, on each count, concurrent.
Count 20:	3 months' imprisonment, concurrent.
Count 21:	1 month's imprisonment., concurrent.
Count 22:	1 month's imprisonment, concurrent.
Count 23:	1 month' imprisonment, concurrent.
Count 24:	14 days' imprisonment, concurrent.
Count 25:	14 days' imprisonment, concurrent.

 

Breach of Probation Order of 25^th June 2001.

 

Count 1:

14 days' imprisonment, concurrent.

 

TOTAL: 21 months' imprisonment.

 

The sentences moved for in relation to the Probation Orders to run concurrently with each other and concurrently with the total sentence moved for on the present indictment. 

 

Sentence and Observations of Court:

Count 1:	12 months' imprisonment.
Count 2:	1 month's imprisonment, consecutive.
Count 3:	1 month's imprisonment, concurrent.
Count 4:	1 month's imprisonment, concurrent.
Count 5:	1 month's imprisonment, concurrent.

 

Breach of Probation Order of 19^th June, 2001.

 

Count 1-20:	5 months' imprisonment, concurrent with each other, but consecutive to sentence passed on indictment.
Count 22, 23:	£200 fine on each count or 1 month's imprisonment, in default of payment, concurrent.
Count 24,25:	5 month's imprisonment, concurrent, with each other and with sentence passed on counts 1-20, but consecutive to sentence passed on indictment.

 

Breach of Probation Order of 25^th June, 2001.

 

Count 1:

5 months' imprisonment, concurrent, but consecutive to sentence passed on indictment.

 

TOTAL: 18 months' imprisonment; Probation Order discharged.

 

The Court observed that Blackley had been rightly described by the Crown as a persistent offender who had failed to respond to non-custodial sentences imposed on him and had also committed further offences whilst on probation.  The assault had been vicious and on an unsuspecting victim and had been followed by opportunistic larceny and the callous leaving of the victim.  There was, in the Court's view, significant provocation which justified a slightly lower sentence than would otherwise have been the case.   

 

B.H. Lacey, Crown Advocate.

Advocate J. Lawrence for the accused.

 

 

 

JUDGMENT

 

 

THE BAILIFF:

1.        Blackley was rightly described by the Crown Advocate as a persistent offender.  He appeared before the Magistrate's Court on the 20^th November, 2000 for road traffic offences and was remanded on bail until the 17^th January, 2001.  He did not appear on that date because he had committed a series of further offences of dishonesty and had subsequently absconded.  He was arrested only on the 6^th May, 2001 after his return to Jersey.  Despite having committed offences whilst on bail, he was placed on probation by the Magistrate's Court on the 19^th June.  Five days later he had reoffended by being drunk and disorderly.  The following day he was again placed on probation and the earlier probation order which included a requirement to perform 110 hours of community service and to attend various courses was confirmed.  None of the community service has been performed and on the 17^th July Blackley committed the two even more serious offences which are now contained in the indictment. 

2.        These offences were the vicious grave and criminal assault upon an unsuspecting victim, following which he callously left the man lying groaning on the road and the larceny of his mobile telephone.  We make it clear  that we sentence Blackley on the basis that the larceny of the telephone was opportunistic - the telephone having dropped to the ground as the victim fell.  Blackley was drunk, but that is an aggravating factor.

3.         In mitigation it is said that Blackley had been provoked by a claim that the victim had indecently assaulted Blackley's girlfriend whilst his back was turned and he was urinating behind a car.  The Crown Advocate told us that the indecent assault amounted to rubbing the woman's breast with his hand.  The Crown accepts, for sentencing purposes, that this happened, although the Crown Advocate submitted that this did not justify the attack which was entirely disproportionate.  That may be so, but in the Court's view the action of the victim was a significant piece of provocation to which the Court ought to have regard in passing sentence.

4.        Blackley you have been out of control for the last twelve months.  You have failed to take advantage of opportunities given to you by the Magistrate and the Court must now punish you for your offending.  You had a difficult start in life but you have the ability to put all that behind you.  We hope that, as you are serving your sentence, you will take advantage of the facilities available to you in the prison to address some of your problems.  The sentence of the Court is as follows; on count 1 of the indictment you will be sentenced to twelve months' imprisonment; on count 2 to one month's imprisonment, consecutive; on counts 3, 4 and 5 of the indictment to one month's imprisonment, concurrent, making a total of thirteen months' imprisonment for the offences on the indictment.  For all the offences for which you were placed on probation, which carry imprisonment as an optional penalty, you will be sentenced to a further five months' imprisonment, which is the equivalent of 110 hours of community service, concurrent with each other but consecutive to the sentences on the indictment.  For those offences which do not carry imprisonment as an optional penalty - that is failing to stop and report an accident and driving without a licence you will fined £200 or one month's imprisonment, concurrent.  The total sentence which the Court is imposing is, thus, a sentence  of eighteen months' imprisonment and we discharge the Probation Orders.    

 

Authorities

AG-v-Porteous (15^th June, 2001) Jersey Unreported; [2001/138].

Gill-v-AG (29^th September, 1999) Jersey Unreported CofA; [1999/160].

AG-v-Seaward (10^th November, 2000) Jersey Unreported; [2000/222].