Jersey Unreported Judgments

2001/46

2 pages

ROYAL COURT

(Samedi Division)

22^nd February, 2001

Before:  M.C. St. J. Birt, Esq., Deputy Bailiff, and

                                                Jurats Quérée and Le Breton

The Attorney General

-v-

Scott Matthew Jones

1 count of grave and criminal assault.

Age: 19

Plea: Guilty.

Details of Offence:

Glassing; struck victim with champagne glass on head; the glass did not break.  He then pushed victim's face into position with a tumbler that was in his other hand and thrust the glass into his face.  The glass broke causing cut to jaw needing 6 stitches and cut to nose.  The assault was unprovoked; three separate blows emphasize deliberate nature of assault.  Drink related.

Details of Mitigation:

First offender; youth; matter had been hanging over him for a long time.  Originally found guilty of offence in September, 1999.  The Court of Appeal overturned the conviction in April, 2000 and ordered re-trial.  Matter of re-trial referred to Privy Council but failed.  Re-trial fixed for February, 2001.  Jones changed plea to guilty 10 days before re-trial; in the meanwhile he had voluntarily continued with Community Service ordered after first conviction, even after successful appeal.

Conclusions:

1 year's probation order; 200 hours' community service (already completed); 9 months' exclusion from licensed premises (already completed); £1,000 compensation order, with 1 year to pay.

Could not be more than previous sentence and needed to be slightly less to acknowledge guilty plea.  Previously ordered to do 240 hours' Community Service and subject to 18 months' exclusion order

Sentence and Observations of the Court:

Conclusions granted.

Advocate S.E. Fitz, Crown Advocate;

Advocate M.L. Preston for the accused.

JUDGMENT

THE DEPUTY BAILIFF:

1.            This was clearly a nasty assault and the Court thinks that you can consider yourself very fortunate in relation to the sentence which was originally passed.  The fact is that this matter has been going on for a long time.  Furthermore, we have read the reports of your progress since then which makes very impressive reading and you are to be congratulated on your conduct since then and particularly carrying out the voluntary community service which has stood you in good stead.

2.            We are going to grant the conclusions of the Crown, namely that you be placed on an unsupervised probation order for 1 year on condition that you carry out 200 hours' community service.  However, the Court has been informed that you have already completed your community service.  We also, for the record, will make the exclusion order from licensed premises for a period of 9 months, but, again, you have served that sentence and therefore you are free to return to licensed premises as from today.  We also make a compensation order in the sum of £1,000 and we give you 1 year in which to pay this.

No Authorities.