Jersey Unreported Judgments

2002/222

ROYAL COURT

(Samedi Division)

 

22^nd November, 2002

 

 

The Attorney General

-v-

Antonio Romano Capuano

 

 

1 count of:	Refusing to obey police officer in execution of his duty (count 1);
3 counts of:	Malicious damage (counts 2, 4, 5);
3 counts of:	Assault (counts 3, 6, 12)
1 count of:	Being disorderly on licensed premises, contrary to Article 83 of the Licensing (Jersey) Law 1974 (count 7);
4 counts of:	Maliciously setting fire to property of another, contrary to Article 17(2) of the Fire Service (Jersey) Law 1959 (Counts 8, 9, 10, 11).

 

Breach of 1 year binding over order, made in Magistrate's Court on 17^th July, 2001, following guilty plea in Magistrate's Court to 1 count each of: possession of cannabis resin, malicious damage (x 2); grave and criminal assault; and conduct likely to cause a breach of the peace.  (On 30^th August, 2001, the Defendant admitted a breach of the binding over order in the Magistrate's Court, which ordered that it stand, with no separate penalty).

 

Age:     36.

 

Plea:    Guilty; Breach admitted.

 

Details of Offence:

 

Count 1 - got into rear of police vehicle outside Folies d'Amour nightclub in the early hours and refused to get out.

Count 2 - attempted to gain entry in early hours to front door of hospital and kicked the glass door until it smashed.

Count 3 - Threw hot tea in police officer's face whilst being detained at Police HQ.

Count 4 - Ripped up mattress in cell at Police HQ.

Count 5 - Whilst in BG Romerils, shop assistant refused to sell defendant glue.  Defendant threw the till onto the floor, smashing it beyond repair.  Had to be restrained, pending arrival of police. 

Count 6 and 7 - went into back door of kitchen of Indian restaurant whilst carrying a paper bag containing glue which he was inhaling, demanding food.  Heated argument developed with staff.  Police called.  Officer punched hard in nose, although nose did not break.  Officer had to use CS gas to calm and restrain defendant pending the arrival of other officers.

Counts 8, 9, 10 and 11 - whilst on remand at HMP La Moye, defendant started four separate fires in cell.  Only occupant in cell at time was himself.  None of the fires took hold, partly because of the quick reaction of prison officers.  Placed defendant himself and other inmates at considerable risk with no means of escape.  Total damage caused by fires £463.00.

Count 12 - Whilst on remand at HMP La Moye, the defendant assaulted a prison officer.

 

Details of Mitigation:

All offences committed whilst defendant was either not taking medication for the bi polar disorder - manic depression - from which the defendant suffered, or whilst he was sniffing glue.  Psychiatric and Social Enquiry Reports showed that the defendant appeared to be gaining considerable insight into his illness and the importance of taking his medication.  Psychiatric Report said that "the prognosis for remaining stable (was) better than at any time in the past two years".

 

Previous Convictions:

First appearance at age 15: had appeared in Court on 18 occasions involving violent offences.  Between 1990 and 1996, sentenced in Scotland for 13 violent offences.  Had served equivalent sentence on remand of 9 months 15 days.  In breach of binding over order.

 

Conclusions:

 

Count 1:	£100 fine or 1 week's imprisonment, in default of payment.
Count 2:	2 weeks' imprisonment.
Count 3:	2 months' imprisonment.
Count 4:	1 week's imprisonment.
Count 5:	2 weeks' imprisonment.
Count 6:	2 months' imprisonment.
Count 7:	2 weeks' imprisonment.
Count 8:	12 months' imprisonment.
Count 9:	12 months' imprisonment.
Count 10:	12 months' imprisonment.
Count 11:	12 months' imprisonment.
Count 12:	2 months' imprisonment.

 

Breach: Discharge of Binding Over Order.

All sentences concurrent.

Total: 12 months' imprisonment.

 

Sentence and Observations of Court:

 

Count 1:	1 week's imprisonment.
Count 2:	2 weeks' imprisonment.
Count 3:	2 months' imprisonment.
Count 4:	1 week's imprisonment.
Count 5:	2 weeks' imprisonment.
Count 6:	2 months' imprisonment.
Count 7:	2 weeks' imprisonment.
Count 8:	10 months' imprisonment.
Count 9:	10 months' imprisonment.
Count 10:	10 months' imprisonment.
Count 11:	10 months' imprisonment.
Count 12:	2 months' imprisonment.

 

Breach: Discharge of Binding Over Order.

All sentences concurrent.

Total: 10 months' imprisonment.

 

Mrs S Sharpe, Crown Advocate.

Advocate C.M. Fogarty for the Defendant.

 

 

JUDGMENT

 

 

THE DEPUTY BAILIFF:

1.        The Probation Officer summed up your situation when she said this:

"When well, you display qualities of a loving son, devoted father and diligent worker"...

2.        The trouble is that, as your long record shows, when you do not take your medication, or when you sniff glue, then you can be violent and aggressive, and you can cause considerable fear to other people.

3.        The reports before us, which are very detailed and helpful, suggest that at long last you recognise this and with the help of your fiancée, whom we are pleased to see in Court to support you, you are determined that in future you will take your medication and this hopefully will control your medical condition.

4.        We are very encouraged by what Dr. Cox said in his report:

"I regard his prognosis for remaining stable as better than at any time in the past two years".

5.        Now arson is a serious offence and it normally merits a sentence of longer than 12 months' imprisonment.  We take full account of the procedural difficulties which have bedevilled this case; in particular the fact that the prosecution stuck rigidly to a charge of grave and criminal assault, even against all the arguments of your counsel, but then shortly afterwards committed a volte face and agreed that it was indeed only a case of common assault.

6.        We have read your letter carefully, and we note the suggestion of a probation order, but the reports suggest that that is not really what you need.  The Probation Service is willing to offer you voluntary help so they will be there to assist you.  Of course, the main help you need is from the Psychiatric Services and they will also be there to help you.

7.        We think the right sentence in this case is a sentence of 10 months' imprisonment.  You have already served 9½ months; so therefore it means you have another ten days or so to serve.  We want to explain to you why we have settled on that period.  We think that it will be useful for there to be a further week or ten days for the Probation Service to try and make sure that everything is arranged before your release - in particular they may be able to help you with possible employment - and that the Psychiatric Services are prepared, and your fiancée is prepared, so that everyone is well placed on your release.  We think that is preferable to releasing you today, but we are persuaded that in the unusual circumstances of this case, we must grasp the nettle now and ensure your release promptly so that you will be home for Christmas.  You must realise the responsibility you are taking on.  You must take your medicine. 

8.        There will be times probably when you will think that you are better and that you do not need your medicine.  That would be an error, because, if you do not take your medicine, you will get into trouble again; you will be back before the Courts; and you will be back in La Moye.  You must continue to take your medicine.  You will have the support of your fiancée, the Probation Service, and the Psychiatric Services; so you look to them for help and assistance if you are tempted not to continue taking your medication.  We hope that this is indeed a turning point and that we will not see you before us again.

9.        The sentence, therefore - I must tell you formally - is as follows:  Count 1: we will not impose a fine, simply 1 week's imprisonment; count 2: 2 weeks' imprisonment; count 3: 2 months' imprisonment; count 4: I week's imprisonment; count 5: 2 weeks' imprisonment; count 6: 2 months' imprisonment; count 7: 2 weeks' imprisonment; count 8: 10 months' imprisonment; count 9: 10 months' imprisonment; count 10: 10 months' imprisonment; count 11: 10 months' imprisonment and count 12: 2 months' imprisonment; all of those to be concurrent, making a total of 10 months, and we discharge the binding over order.

Authorities

C.S.P.: March, 2001: p.23901.

Blackstone's Criminal Practice, 2001: pp.454-5.

Hales -v- AG (1999) 2 Cr. App R (S) 113.

A.G. -v- Aubin (18^th January 2002) Jersey Unreported: [2002/18].

A.G. -v- Hervé (6^th December, 1991) Jersey Unreported.