Jersey Unreported Judgments

 2002/36

ROYAL COURT

(Samedi Division)

 

8^th February 2002

 

 

The Attorney General

-v-

Vanya Louise Cooper

 

 

1 count of:	Grave and criminal assault (count 1);
1 count of:	Assault (count 2).

 

Age:   24         

 

Plea:    Guilty.  

 

Details of Offence:

 

Cooper, whose son was in the process of being adopted against her wishes, met in the street at lunchtime two female Children's Officers, who were involved in the adoption.  She punched one of the Officers in the nose, breaking a bone and the Officer fell to the floor (grave and criminal assault).  She punched the other Officer in the shoulder and at one point held her in a headlock (assault).  Besides the broken nasal bone, both Officers received bruising and grazes.

 

Details of Mitigation:

 

Difficult childhood - mental health problems - suicide attempts (2 whilst in punishment cell at the Prison, where she had been placed because there was insufficient room in the Prison) - had strong emotions relating to the loss of her son.

 

Previous Convictions:

 

Cooper had a record of previous convictions, including 4 previous offences of violence.  In 1998, she stabbed the Manager of La Chasse Centre.

 

Conclusions:

 

Count 1:	18 months' imprisonment;
Count 2:	6 months' imprisonment.

 

Sentence and Observations of Court:

Conclusions granted.

 

Court indicated that it understood enormous problem she had had in early life. And understood her feelings for her son, but stated that she could not take her anger out on Children's Officers.  Court has duty to protect Children's Officers and there was no alternative to sending her to Prison.  Court asked Prison to make arrangements as quickly as possible for Cooper's transfer to UK so she might receive treatment.

 

Court also stated that whilst it did not wish to criticize the Prison, it was deplorable that she had been held in solitary confinement due to lack of space.  This had affected her mental state and had led to a suicide attempt.  It amounted to a fundamental breach of her humans rights.

 

Remarks:

 

Psychologist's Report indicated that Cooper was treatable at a secure unit.  It had been arranged that she would be transferred to a UK Prison, so that she could be committed under UK mental health provisions and then sent to such a unit.

 

 

Mrs. S.E. Fitz, Crown Advocate.

Advocate C.R.G. Deacon for the Defendant.

 

 

 

JUDGMENT

 

 

 

THE BAILIFF:

1.        Miss Cooper, you have had enormous problems in your early life which the Court does understand and we also understand your feelings in relation to your young son.  What you must understand is that you cannot take out your anger on Children's Officers and behave in the way in which you did.  The Court has a duty to protect Children's Officers and it will do so and it has no option but to send you to prison for the offences which you committed.

2.        The Court is going to grant the conclusions and will sentence you to 18 months' imprisonment on count 1; and 6 months' imprisonment on count 2, concurrent, making a total of 18 months' imprisonment.  However it will ask the prison authorities to make arrangements for your transfer to the United Kingdom as soon as may be possible so that you can get the help which you need from the appropriate authorities over there.  We hope that you will benefit from that help and will be able to make something of your life in the future.

3.        We want to add one final word addressed to the Island's political authorities.  We do not in any way criticise the prison authorities for the treatment that this defendant has received but it is nonetheless quite deplorable that it was necessary for a time to hold her in solitary confinement in a punishment cell because of the lack of adequate accommodation.  From what we have read and from what we have heard in submissions her treatment has affected her mental state, led to suicide attempts, and amounts to an abuse of her fundamental human rights.  We express the hope that the most urgent attention will be given to the problem by the appropriate authorities.

No Authorities.