Jersey Unreported Judgments

2001/3A

3 pages

ROYAL COURT

(Samedi Division)

 

5^th January, 2001

 

Before:    Sir Philip Bailhache, Bailiff,

                                                      Jurats Quérée and Le Brocq.

 

 

The Attorney General

 

-v-

 

Kelvin Peter MONET

 

Sentencing by the Inferior Number of the Royal Court, to which the accused was remanded following his conviction at the Criminal Assize on 21^st November, 2000, on not guilty pleas, entered on 21^st May, 2000, to:

 

1count of   grave and criminal assault (count 1); and

1 count of  doing an act tending and intended to pervert the course of justice (count 2).

 

Age:      20.

 

Details of Offence:

 

Monet was in custody at the Young Offenders Institute and, on New Year's Eve on 31^st December, 1999, he complained to Prison Officers at the level of music being played by other inmates.  He threatened to "knock their teeth out".  Prison Officers advised Monet not to be silly, and warned him of the consequences of such behaviour.  The victim, who had been playing his radio, was subsequently advised to turn his music off, which he did.  The next day, and shortly after the inmates were let out of the cells, Monet entered the cell of Mr Goncalves, who was aged 16 at the time, and proceeded to kick Mr Goncalves in the backside with four kicks delivered with significant force.  The kicks impacted on the anal area of the victim.  The victim did not initially suffer pain, but a short while later began to suffer severe pain in his testicles.  This was reported to Prison Officers and he was subsequently admitted to Hospital for treatment.  The medical evidence was that at least one of the kicks must have landed in front of the anus and the force of it burst a blood vessel supplying the right testicle.  It was anticipated that he should make a full recovery from the assault.   The victim made a complaint of assault to the Prison authorities and to the Police, and this resulted in Monet being held in isolation in one of the other cells on the Young Offenders wing.  On 6^th January, 2000, Monet spoke to another inmate, Matthew Bendell, and requested Mr Bendell to accept responsibility for the assault on Mr Goncalves and that, in turn,  Monet would provide Mr Bendell with £100. A jacket valued at £200, and as much cannabis as Mr Bendell required.   Mr Bendell agreed to "confess" to having committed the assault.  This he did to the Prison Authorities, but, when interviewed subsequently by the Police, he retracted that confession and admitted that he had made a false confession at the request of Monet.  Monet was totally uncooperative with the Police and maintained pleas of  not guilty, resulting in a jury trial.  At trial, the Defence claimed that an unnamed assailant had been responsible for the injuries suffered by Mr Goncalves.  The jury returned unanimous verdicts of guilty on both counts.   At sentencing, the Crown contended that the grave and criminal assault was a punishment beating and that Monet had chosen to ignore the advice given to him by Prison Officers not to take the law into his own hands.  This was not the first occasion upon which Monet had acted in such a fashion.  The Crown described him as nothing more than a bully.  There had been no expressions of remorse or regret from Monet, and, in the Crown's view there was little by way of mitigation.  On the authorities, a consecutive sentence was justified for perverting the course of justice.

 

Details of Mitigation:

 

The Defence accepted that there was little mitigation available to Monet.  In the Social Enquiry Report, he admitted to a single kick, but this had not formed part of his defence as he had been advised that the jury were unlikely to believe that someone else had caused the injury if Monet had admitted kicking the victim.  In consequence of the offence, he lost his privileges whilst in custody serving his earlier sentence.  A very positive Social Enquiry Report had been provided by an experienced Probation Officer and, whilst Monet did not expect to receive probation, he would comply with it if the Court were so minded.  The Report outlined the disturbing upbringing and childhood that Monet had suffered and, despite his young age, he had spent a large part of  his life to date in custody.  His family remained supportive.

 

Previous Convictions:

 

Six previous Court appearances for offences including robbery, grave and criminal assault, assault, possession of an offensive weapon, breaking and entry, dishonesty, motoring and public order offences.

 

Conclusions:               Count 1:                             3 years' youth detention.

                      Count 2:   1 year's youth detention, consecutive

                      TOTAL: 4 years' youth detention.

 

Sentence & Observations of Court:

 

3 year probation order, with condition of attending SMART course and alcohol study group.

Monet had been convicted by the unanimous verdict of the jury of having committed a grave and criminal assault and attempting  to pervert the course of justice.  These were very serious offences.  The grave and criminal assault was a punishment beating.  The Court was in no doubt that a substantial prison sentence was due and that the Crown's conclusions were correct.  However, the Court, by majority, was going to take an unusual course of action despite the aggravating factors.  The Court was going to take this course of action because Monet had spent most of his youth in custody and had problems dealing with aggression.  He had the support of his family and there was a strong recommendation for Probation, from a very experienced Probation Officer.  Monet should take advantage of the opportunity that was being given to him and, if he failed, then he would be brought back to Court and receive a custodial sentence.  Monet was advised to "look forward and not back" .  He is being given a last opportunity to make something of his life.

 

 

 

                                               J.C .Gollop. Esq., Crown Advocate

                                            Advocate D. James for the Defendant.

 

 

JUDGMENT

 

THE BAILIFF:

 

1.            Monet was convicted by the unanimous verdict of the Jury of grave and criminal assault upon a fellow prisoner at the young offenders institution and of an attempt to pervert the course of justice in relation to that grave and criminal assault.  These are very serious offences.  The grave and criminal assault was, we have no doubt, another punishment beating where the defendant's aggression was taken out upon a fellow prisoner who had provoked him.

 

2.            There is no doubt that a substantial prison sentence is deserved for all the reasons given by the Crown Advocate.

 

3.            Monet, the Court, by a majority, is going to take an unusual course this afternoon, notwithstanding all the aggravating features of the case of which we think you are well aware.  We are going to take that course because you have spent so much of your youth in detention; because you have problems controlling your aggression which you must address; and, most of all, because we have a strong recommendation from an experienced probation officer that, with the help of the Probation Service, you can make something of your life.  You have the support of your family which is something else upon which you can build.

 

4.            The Court must warn you that if you fail to take advantage of the offer which the Court is going to give you, you will be liable to be brought back before this Court and punished again for the offences of which you have been convicted.  However, we want you to look forward and not backwards and we want you to make something of yourself.

 

5.            We are going to place you on probation for a period of three years in respect of both the offences of which you have been convicted, subject to all the usual conditions and subject to the additional conditions that you will attend the SMART programme, the aggression control training group and the alcohol study group.

 

 

Authorities.

 

 

A.G. -v- Mallet (24^th May, 2000) Jersey Unreported.

 

A.G. -v- Cabot (31^st March, 2000) Jersey Unreported.

 

A.G -v- Monet (24^th January, 1997) Jersey Unreported.

 

A.G -v- Lenton & Fellon (10^th July, 1992) Jersey Unreported.

 

Archbold (2000 Ed'n): p.2262:  para 28.