Jersey Unreported Judgments

 [2003]JRC005

ROYAL COURT

(Samedi Division)

10^th January 2003

The Attorney General

-v-

Lee Daniel Hunt

Breach of a 150 community service order made by Royal Court on 23^rd August, 2002, following a guilty plea to 1 count of guilty and criminal assault.

Age:     24

Plea:    Guilty; breach of community service order admitted.

Details of Offence:

The victim was a member of the door staff working at various licensed premises.  He heard rumour and gossip about other door staff at another establishment wishing to fight with Hunt.  The victim therefore got a message via third parties to Hunt warning Hunt.  On the day of the assault Hunt had been out drinking all day following his attendance at a funeral.  Whilst Hunt was talking to another door man the victim approached and asked if everything was ok.  Hunt's response was "It won't be with you and me though, you and me are going down the beach to sort this out".  The victim then asked Hunt to leave the licensed premises whereupon Hunt promptly punched the victim twice in the face.  No visible injuries were sustained by the victim.  Hunt was restrained and the Police were called.  Whilst being searched at Police Headquarters 1½ Ecstasy tablets were found (street value £15 to £18 (Count 2) and 379 milligrams of cannabis (value £10) (Count 3).  Hunt was interviewed but answered "no comment".  In consequence of these offences he was in breach of the Royal Court Order of 23^rd August, 2002, albeit he had completed 87 of the 150 hours ordered.  The facts of the case involved a grave and criminal assault.

Details of Mitigation:

Plea of guilty.  It was suggested that there was an element of provocation on the part of the victim as Hunt could not understand why anybody was out to get him.  Letter of apology handed to Court and Hunt was deeply ashamed and embarrassed by his breach of trust in breaching the Community Service Order.  He had thoroughly enjoyed carrying out the community service but was realistic in accepting and expecting a custodial sentence.  He had already breached the Community Service Order within 10 days of its imposition but the offence of D.I.C. was dealt with by the Magistrate's Court and the breach of the Royal Court Order had not been referred to the Attorney General.  It was contended that there was an error of judgment on the part of the victim in the way in which he handled the gossip and also handled the incident in the Public House.  It was suggested that the victim acknowledged this in consequence of his subsequently withdrawing the complaint against Hunt.  Despite that withdrawal there was independent evidence of assault and it was to Hunt's credit that he had maintained his guilty plea.

Previous Convictions:

Numerous including two previous for possession of Cannabis, offences of dishonesty including larceny, breaking and entry, motoring offences including driving with excess alcohol and an offence of public order and of violence.  (Grave and Criminal assault; see judgment of the 23^rd August, 2002).

Conclusions:

Community service order to be discharged; 4½ months' imprisonment, consecutive, to be substituted.

Total 6½ months' imprisonment.

Sentence and Observations of Court:

Conclusions granted.

On the 23^rd August, 2002, this Court sentenced him to 150 hours Community Service.  He breached after a few days after committing the offence of excess alcohol whilst driving.  He is now in breach again having committed an assault in a Public House.  Court understands the circumstances but there is absolutely no excuse for such behaviour.  The offence was clearly contributed to by his drinking for 9½ hours.  On arrest he was found in possession of Cannabis and Ecstasy.  The Court takes account of his guilty plea and the other circumstances.  He was absolutely right to accept the custodial sentence as being inevitable as he did not take advantage of the opportunity previously given to him.  Insofar as concerns the breach of the Community Service agreed with the Crown that matters had to be looked at in the round.

J. C. Gollop, Esq., Crown Advocate.

Advocate C.M. Fogarty for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        You were given 150 hours community service for a grave and criminal assault which consisted of punching your victim whilst sitting astride him on the ground.  You then breached that order after a few days by committing an offence of being in charge of a motor vehicle with over the prescribed level of alcohol, and now you are in breach again by committing this assault on a person in a public house by punching him twice in the face.

2.        We have listened to the background to the offence and we understand the circumstances in which it came to be committed but there is absolutely no excuse for what you did. 

3.        We have no doubt that the offence was contributed to by the fact that you had been drinking for some 9½ hours without food.  On arrest you were also found to have personal amounts of ecstasy and cannabis placing you also in breach of the community service order.

4.        We take account of your guilty plea and we do accept that you are ashamed and remorseful for what you have done; and we have read carefully the letter you have written.  But we think you are absolutely right to accept that there is no alternative to prison because you have not taken advantage of the chance you were given in August.

5.        The Court at that time said that 9 months was the appropriate sentence for the grave and criminal assault.  You have carried out just over one-half of the community service in good time and that stands to your credit but, nevertheless, we agree with the Crown that a broad view must be taken and that the correct sentence for that offence is one-half of what the Royal Court had originally in mind.

6.        So the sentences are as follows:  Count 1: 1 month's imprisonment with an exclusion order for a period of 6 months' from all categories of licensed premises except category 6 to take effect from the day on which you are released from prison.  Count 2: 1 month's imprisonment, consecutive.  Count 3: 1 month's imprisonment concurrent to count 2 but consecutive to count 1.  In other words, 2 months' on the indictment.   In relation to the offences for which you were placed on community service we order a sentence of 4 months and 2 weeks.  We order forfeiture and destruction of the drugs and we discharge the community service order.  So the total, in other words, is 6 months and 2 weeks.

No Authorities