Jersey Unreported Judgments

2001/53

2 pages

ROYAL COURT

(Samedi Division)

2^nd March, 2001

Before:  Sir Philip Bailhache, Bailiff, and

                                                        Jurats Le Ruez and Bullen

The Attorney General

-v-

Stephen Francis Bouchard

Sentencing by the Inferior Number of the Royal Court to which the Defendant was remanded following conviction at the Criminal Assize on 7^th February, 2001, on:

1 count of:   assault (count 2).

[On 7^th February, 2001, the Defendant was found not guilty by the Jury at the Criminal Assize on 1 count of grave and criminal assault (count 1)].

Age:     40.

Details of Offence:

The accused was working on the evening in question as a doorman at 'Quids Inn' nightclub, in James Street, St. Helier.  The victim of the assault created a disturbance which resulted in the accused putting him out into the street.  The accused had the victim on the ground and firmly under his control when he gratuitously pushed the victim's head onto the surface of the road causing a minor injury in the form of abrasions to the victim's nose.

Details of Mitigation:

There had been provocation by the victim.  The accused produced a number of references attesting to his good character.  He had a record of convictions for similar offences but there was a significant gap in the record.  His employment prospects as a doorman would suffer as a result of this incident.

Conclusions:

£500 fine or 1 month's imprisonment in default of payment.

Sentence and Observations of the Court:   Conclusions granted.

The Court noted the mitigation, but considered it an unpleasant assault nonetheless.

A.D. Robinson, Esq., Crown Advocate.

Advocate S.E. Fitz for the accused.

JUDGMENT

THE BAILIFF:

1.            Stand at the Bar, Bouchard.  Having listened most carefully to the Crown Advocate and to counsel on your behalf, the Court is going to grant the conclusions.  This was an unpleasant assault but, on the other hand, the Court has taken into account the mitigating factors to which both the Crown and your advocate have referred.  You were provoked and you have certainly suffered in the sense that you have lost your green badge.  We have taken account of your good references and it is a pity that your good record over the past 15 years has been spoilt.

2.            Accordingly, we fine you the sum of £500 on the offence to which you have pleaded guilty and in default of payment you will go to prison for one month.

No Authorities.