Jersey Unreported Judgments

 2002/1

ROYAL COURT

(Samedi Division)

4^th January 2002

The Attorney General

-v-

Kevin Roger Davis

[Counts 1-5 and 7-9 were abandoned by the Crown].

Age:     21

Plea:    Guilty.  

Details of Offence:

The accused was a twenty one year old male who suffered from Asperger's syndrome, which is a neuro developmental disorder that has similarities to autism.  He also suffered from Tourrettes Syndrome and he had learning difficulties, combined with a low IQ.  Whilst residing at Astral House, a hostel intended for persons with mental disorders who were intended to enjoy a degree of supervision, the accused became stressed and confused by his surroundings and, in an attempt to attract attention to himself, he caused malicious damage by plugging a sink and filling it with water so that it would overflow, thereby causing approximately £1,000 of damage (count 6); and on a further occasion he deliberately rested a lit lamp against some furniture thereby causing it to smoulder and catch alight and create smoke damage in the hostel (count 10); on a further occasion he deliberately allowed a lit cigarette to burn some bedding in an airing cupboard, thereby causing smoke damage with the result that the alarm in the hostel was set off and all residents in the hostel were evacuated.

Details of Mitigation:

Defence counsel advanced the argument that the accused should never have been sent to the hostel since his condition required him to have twenty-four hour supervision.  The lack of supervision and the stressful and noisy living conditions in the hostel had created tension and confusion in the mind of the accused, who caused malicious damage and set fire to property to attract attention to his predicament.  The defence accepted the conclusions of the Crown in sentencing since they represented the proper treatment and future care for this individual. 

Previous Convictions:

None.

Conclusions:

3 year probation order with condition of receiving psychiatric treatment.

Sentence and Observations of Court:

Conclusions granted.

The Court indicated that, normally, persons convicted of offences of this nature would face prison sentences.  It was due to the wholly exceptional circumstances surrounding the accused and the commission of the offences that the Court was able, exceptionally, to depart from the normal sentencing practice of imprisonment and to provide him with an individualised sentence which would balance the needs of society to be protected from those who set fire to public buildings on the one hand, with the interests of the accused to receive appropriate treatment in the hope that it would prevent him from offending in the future.  

M. St.J. O'Connell, Esq., Crown Advocate.

Advocate Mrs. S.A. Pearmain for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        Setting fire to properties is a serious matter which usually leads to a prison sentence because of the risk of grave damage to life or to property.  However, it is clear to us that your fire setting tendency arises from your medical condition and we agree with the Crown that this is an exceptional case.

2.        We have listened very carefully to everything that your advocate has most ably put forward on your behalf and we have also had the advantage of seeing the reports from a psychiatrist, a psychologist and the probation service, all of whom have given this matter their careful consideration.  We entirely agree that the best course both for you and for society - because it offers the best prospects of dealing with your fire setting tendency - is for you to attend Northgate Hospital.

3.        We impose a three year Probation Order with a condition that you undergo treatment as directed by the consultant psychiatrist in the Jersey Mental Health Services Dept and it is clear that he will direct you to go to Northgate. We hope that the treatment you receive there will prove helpful to you.  That is the order of the Court and we wish you well.

No Authorities