Jersey Unreported Judgments

[2003]JRC020

ROYAL COURT

(Samedi Division)

 

29^th January, 2003

 

 

The Attorney General

-v-

John Michael Beamer

Jean-Paul Martyn

R.S. M.

O.J. B.

 

John Michael Beamer

1 count of:	Kidnapping (count 1);
2 counts of:	Grave and criminal assault (count 2, 3);

 

 

Age:     18

 

Plea:    Guilty

 

Details of Offence:

Beamer had a grudge against the victim.  He spotted the victim in Town by chance at approximately 10 o'clock in the evening.  He alighted from the car he was driving and chased the victim on foot, who was clearly in fear of Beamer.  Beamer assaulted the victim in Grosvenor Street, punching him several times in the face, knocking him to the floor, and kicking and stamping on his head when he was down.  Beamer then reassured the victim that the assault was over, the grudge was resolved and that he would not hit him again.  He indicated however that he wished to take the victim to meet Martyn.

Martyn also had a grudge against the victim.  It was said at the trial that the grudges between Beamer and Martyn towards the victim related to an unpaid debt for the sale of some cannabis which debt was due to Martyn and Beamer. 

Beamer telephoned Martyn using a mobile phone.  He indicated that he had the victim and that he would bring him to Martyn.  The victim was reluctant to enter the vehicle driven by Beamer.  Beamer reassured the victim by saying that he would not permit Martyn to assault him and that they merely wished to talk.  Reassured by this the victim got into Beamer's car and was accompanied by a friend who gave him further reason to feel reassured.  They drove to the Weighbridge where a small group of youths was gathering in anticipation of some kind of friction. 

At the Weighbridge the friend who had accompanied the victim was ejected from the car.  RSM and Martyn got into the backseat of the car either side of the victim, thereby preventing his escape.  Beamer was driving the car and in the passenger seat was his girlfriend.  OJB was in the group of youths who had assembled at the Weighbridge.  He could not get into the car driven by Beamer so he obtained a lift from a following car which was full of youths eagerly anticipating some form of excitement.  Beamer drove off to Roberts Garage at Springfield in order to fuel his car. 

Whilst at Springfield, Beamer got out of the car and so did Martyn.  As he got out of the car Beamer directed RSM to prevent the victim from leaving the car.  RSM in fact grabbed hold of the victim's arm to prevent his release.  There was some suggestion that RSM indicated to the victim that he had a blade in his sock and that he would cut the victim's face from ear to ear into a "Chelsea smile".  This was denied by RSM at sentencing.  The victim was, according to all of the accused, plainly distressed and unhappy to be in the car. 

The car then drove from Roberts Garage at Springfield to Grouville where the girlfriend of Beamer was dropped off home.  Throughout the journey to Grouville unsavoury threats were made to the victim by the three youths in the car.  These included threats to rape him, to tie him behind the car and drag him through a gravel car park and to humiliate him.  When Beamer's girlfriend got out of the car in Grouville OJB got out of the car that was following.  Martyn moved from the backseat of the car to the front passenger seat and OJB sat on the right side of the victim who was then between RSM and OJB, once again unable to get out of the car.  They continued from Grouville to drive north.  It was OJB who suggested that they take the victim to St Catherine's Woods as a remote location.  Throughout this time the victim was sobbing and asking where he was going to be taken.  His requests were met with a sinister and oppressive silence. 

Once the car arrived at St Catherine's Woods the victim was dragged from the car and beaten severely by Beamer and Martyn.  This consisted of punches to his body and head which caused him to fall to the floor, whereupon Beamer and Martyn kicked him in the head and body and stamped on his head.  Someone, it was alleged by the Crown but denied, OJB, ordered the victim to strip naked.  He was on the floor in the car park in the headlights of the car, having been beaten in the way described above, with the four accused watching him and the five youths from the following car also as part of the audience.  He complied with the order to undress.  OJB, impatient with his progress in this regard, removed his trousers, underpants, socks and shoes when the trousers were below the knee.  OJB threw the clothes into nearby bushes.  Then OJB shouted at the victim to run into St Catherine's Woods "squealing like a pig".  The victim ran away for fear of his safety.  The victim was sufficiently terrified that he jumped into St Catherine's reservoir and hid in the water until he heard the cars turn around and leave the car park. 

When a sufficient time had passed so that he thought they were not going to return he emerged from the reservoir and started to try and make good his escape.  He then heard a car returning and saw some headlights and was fearful that it was the accuseds returning to attack him again.  In fact it was the accuseds.  He jumped in some bushes and was scratched and stung as he hid there.  He heard the accuseds get out of the car and call out his name.  Eventually they gave up their search and left the area.  The victim then tried to walk across a field to a light in the nearest house.  He had to re-trace his steps however because his feet were being cut by the uneven surface of the field.  He walked back to the car park at St Catherine's Woods and made good his escape via the track.  He rang the doorbell of a nearby house and was given warm clothing and a warm drink by the occupier of that house.

 

Details of Mitigation:

John Michael Beamer pleaded guilty to all counts at the earliest opportunity.  He also gave evidence for the Crown in the prosecution against his three remaining accomplices.  He was a youth.  He had a strong academic record at school and was a promising candidate for university education.  He was a talented boxer who had represented the Island.  He was also a talented footballer who had some prospects of reaching a reasonably high level of achievement in football.  He had shown remorse and had written a letter to apologise to the victim and the victim's family.  He clearly regretted his actions.

 

Previous Convictions:

Beamer had only Parish Hall convictions relating to road traffic offences and one minor offence for larceny from a shop.

 

Conclusions:

Count 1:	2½ years' youth detention.
Count 2:	18 months' youth detention, concurrent.
Count 3:	12 months' youth detention, consecutive.
Total:	3½ years' youth detention.

 

Sentence and Observations of Court:

Count 1:	3 years' youth detention.
Count 2:	18 months' youth detention, concurrent.
Count 3:	12 months' youth detention, concurrent.
Total:	3 years' youth detention.

 

Jean-Paul Martyn

1 count of:	Aiding, abetting, counselling or procuring kidnapping (count 1A).
1 count of:	Grave and criminal assault (count 2).

 

Age:     18.

 

Plea:     Guilty

 

Details of Offence:

See Beamer, above.

 

Details of Mitigation:

Martyn had pleaded guilty to the charge of grave and criminal assault at an early stage.  However he had only pleaded guilty to count 1(a) having heard the evidence of the victim in chief.  He was young.  He was an extremely talented footballer who had the possibility of becoming a professional.  He too was remorseful and regretted his actions.  This was a spur of the moment event which had not been planned or premeditated and he went along with it and was not mature enough to stand up and prevent the events developing as they did. 

 

Previous Convictions:

Martyn had a conviction for common assault in September 1999 in respect of which he was bound over for 12 months.

 

Conclusions:

Count 1A:	3 years' youth detention.
Count 2:	18 months' youth detention, concurrent.
Total:	3 years' youth detention.

 

 

Sentence and Observations of Court:

Count 1A:	3 years' youth detention.
Count 2:	18 months' youth detention, concurrent.
Total	3 years' youth detention.

 

R.S. M

1count of:

Aiding, abetting, counselling or procuring kidnapping (count 1A).

 

Age:     17.

 

Plea:    Guilty

 

Details of Offence:

See Beamer, above.

 

Details of Mitigation:

RSM again had mitigation of youth, was a man of good character.  He had shown remorse.  Strong mitigation in his favour was the fact he had prevented the grave and criminal assault from escalating further by shouting at Martyn and Beamer to stop the attack as the victim had plainly had enough.  Great credit was given to him for his actions in intervening in that assault.

 

Previous Convictions:

RSM had a conviction for malicious damage and being drunk and disorderly in respect of which he received six months' probation to run concurrently. 

 

Conclusions:

Count 1A:

18 months' youth detention.

 

Sentence and Observations of Court:

Count 1A:

12 months' youth detention.

 

O.J. B

1 count of:	Aiding, abetting, counselling or procuring kidnapping (count 1A).
1 count of:	Common assault (count 4).

 

Age:     17.

 

Plea:    Guilty to count 4; not guilty to count 1A: convicted at trial.

 

Details of Offence:

See Beamer, above.

 

Details of Mitigation:

OJB pleaded guilty to the charge of common assault at the earliest opportunity.  This assault was the removal of the victim's trousers and underwear in St. Catherine's Woods after he had been ordered to strip naked.  OJB however did not plead guilty at any stage and was convicted after a four day trial by the unanimous verdict of the jury.  He had put the victim through the ordeal of giving evidence and being cross-examined.  He was young and had a difficult domestic situation, having been rejected by his mother.

 

Previous Convictions:

OJB had convictions dating back to February 2001 for obstructing/refusing to obey the Police, resisting Police arrest and causing a breach of the peace in respect of which he received a binding over order for 12 months, concurrent.

 

Conclusions:

Count 1A:	2 years' youth detention.
Count 4:	6 months' youth detention, concurrent.
Total:	2 years' youth detention.

 

Sentence and Observations of Court:

Count 1A:	18 months' youth detention.
Count 4:	3 months' youth detention, concurrent.
Total	18 months' youth detention.

 

 

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

Advocate C.M. Fogarty for J.M. Beamer.

Advocate D. Gilbert for J-P.Martyn.

Advocate Tremoceiro for R.S. M.

Advocate Mrs. S.A. Pearmain for O.J. B.

 

 

JUDGMENT

 

 

THE BAILIFF:

1.        The Court wants to say straight away that these were appallingly callous offences.  All of you were party to the kidnapping of another young man and putting him in terror of extreme violence.  You all ignored his pleas and obvious distress while he was being driven across the Island to a remote spot in St Catherine's Wood.  You all, with the exception to an extent of RSM, were party to the inflicting of savage or humiliating violence upon him, with car headlights shining on him.  You all behaved like a cowardly rat-pack and you should be thoroughly ashamed of what you did that evening.  None of you cared enough about what might have happened to your victim to see if any serious harm had come to him when you left.

2.        We have had regard to the provisions of the Criminal Justice (Young Offenders) Jersey Law 1994, but we have no doubt that the offence or offences that you committed are so serious that a non-custodial sentence cannot be justified.  Whether or not this was a revenge attack, we want to make it clear to others who might be tempted to behave in this way, that severe punishment is inevitable.

3.        We have had careful regard to all the authorities placed before us, both by the Crown Advocate and by defence counsel.  We have also had regard to all the letters and references which your respective counsel have passed up to us.

4.        Beamer, it is clear to us that you were the instigator of these offences.  You committed a serious assault upon the victim in Grosvenor Street by kicking him about the head before getting him into your mother's car.  You telephoned Martyn and effectively set up the whole sordid enterprise.  You threatened the victim with rape.  Once in the wood you told the victim to get on his knees and you were one of those kicking and assaulting him while he was defenceless on the ground.  In mitigation you did plead guilty to the charges at the first available opportunity, and thereby showed your remorse.  You were co-operative with the police, and most importantly you had the courage, at the end of the day, to give evidence against one of your co-defendants and to admit what happened.  You are also aged only 18.  We take account of all that, but we have nonetheless to punish you for the serious offences you have committed.

5.        We take account of the totality factor and we propose to treat all the offences which you have committed as part of one continuing course of events and to impose concurrent sentences.  You are sentenced on count 1: to 3 years' youth detention; on count 2: to 18 months' youth detention, concurrent; count 3: to 12 months' youth detention concurrent; making it a total of 3 years' youth detention.  I have to tell you that you will be liable to supervision by a probation or other officer when you have served that sentence.

6.        Martyn, you were in our judgment close to sharing equal responsibility with Beamer for the kidnapping.  It is true that you did not get the victim into the car, but you were involved in keeping him there during the car journey, it was you who said "Lets shit him up" and it was you who told Beamer's girlfriend to fetch a hammer.  You took part in the vicious attack upon the victim in the wood and you have a previous conviction for assault. 

7.        In mitigation you pleaded guilty to the grave and criminal assault at the first opportunity, and you pleaded guilty to the alternative count of aiding and abetting kidnapping, but only after the victim had been put through the ordeal of reliving his experience.  You too are aged only 18.  The significant mitigation that is available to Beamer of giving evidence for the prosecution does not apply in your case, and taking the matter in the round, we think there is nothing to choose between you and Beamer in terms of your responsibility for what took place that evening. 

8.        We have read all the background papers and we understand that you have sporting skills and we are sure that you have the ability to make something of your life.  But in the meantime we have to punish you for the offences which you have committed.  On Count 1A: you are sentenced to 3 years' youth detention.  On count 2: to 18 months' youth detention concurrent, making a total of 3 years' youth detention.  I have to tell you again that you will be liable to supervision by a probation or other officer when you have served your sentence.

9.        RSM, you too played a part in keeping the victim in the car during the journey to St Catherine's Wood and you held him to prevent him from escaping from the car at the garage.  You watched while he was assaulted by Beamer and Martyn.  On the other hand, you did have the courage to bring the violence to an end by stopping your co-defendants,and that is a significant mitigating factor and about the only ray of light in this whole miserable story.  You pleaded guilty to the aiding and abetting kidnapping, but as the Crown Advocate has said only after the victim had been forced to give evidence about it.  You were 16 at the time of the offence.  We have read the reports and understand the difficulties you have had, although none of that excuses your conduct that evening.  We accept your remorse.  We have read your letter to the Court.  We have taken all this into account but we are unable to find that any method of dealing with you other than custody is appropriate, given the seriousness of the offence.  We take account of the fact that you have been subject to curfew for 8 months and we will reduce the conclusions slightly.  On count 1A: you are sentenced to 12 months' youth detention; and I have to tell you again that you will be subject to supervision by a probation or other officer when you have concluded your sentence.

10.      OJB, you too played a part in keeping the victim in the car that evening.  You knew that he was petrified and you played a part in his abduction.  We accept your denial that you suggested he be put in the boot of the car and that you said that it was time for his humiliation.  In fact, however, it was you who helped to remove the victim's clothes and sent him running naked and in terror away from the scene, telling him to squeal like a pig.  You did not plead guilty to the charge of aiding and abetting kidnapping and indeed were responsible in part for requiring him to relive his experience, his ordeal, in the witness box.  We accept that you pleaded guilty to the offence of assault at the first opportunity.  We also accept that you were 16 at the time of the offence and that this was your first serious piece of offending and that you have been subject to curfew for 8 months and that you have began to try and put your life together.  We understand again the difficult background that you have had.  We take all of that into account, but again we see no alternative to imposing a custodial sentence.  On count 1A: you are sentenced to 18 months' youth detention.  On Count 4: to 3 months; youth detention concurrent, making a total of 18 months' youth detention and I have to tell you that you also will be subject to supervision by a probation or other officer at the end of your sentence.

Authorities

R. -v- Harrison & Singleton (1993) 14 Cr. App. R. (S) 339.

R. -v-Wheatcroft & Others (1992) 14 Cr. App. R. (S) 564.

R. -v- Bond & Chapman (1994) 15 Cr. App. R. (S) 196.

R. -v- Meek & Meek (2001) 2 Cr. App. R. (S) 12.

R. -v- McHale (2001) 2 Cr. App. R (S) 417.

Mallet -v- AG (2000) JLR 256.

A.G. -v- Cole, Prowting and Deuchar (21^st September 2001) Jersey Unreported; [2001/198].

A.G. -v- Vibert (25^th April, 1991) Jersey Unreported.

A.G. -v- Coates, Louis, Larose (13^th December, 1996) Jersey Unreported.

A.G. -v- Franco (21^st December, 1999) Jersey Unreported; [1999/223].

A.G. -v- Franco (24^th May, 2001) Jersey Unreported; [2001/120].

Franco -v- A.G. (23^rd July, 2001) Jersey Unreported; CofA [2001/153].

A.G. -v - Marrett (18^th August, 2000) Jersey Unreported; [2000/168].

Current Sentencing: Practice, Part B3-4 (pp.22001 and 22016/8-22020); C2-2H03-C2-2HO5 (pp 30206-30208).

A.G. -v- Hamon (11 May, 2001) Jersey Unreported; [2001/103].

R. -v- Perks [2000] Cr. L.R. 606.

A.G. -v- Bouhaire (01 November, 2002) Jersey Unreported; [2000/212].

R. -v- Spence & Thomas (1983) 5 Cr. App. R (s) 413.