Jersey Unreported Judgments

[2003]JRC035

ROYAL COURT

(Samedi Division)

14^th February 2003

The Attorney General

-v-

Paul Allan Gooding

Age:     33.

Plea:    Guilty.

Details of Offence:

During the evening of 20^th September 2002 the defendant attended the Esplanade Public House, where he consumed approximately four pints of cider.  A colleague then drove him to the Tivoli Tavern in St. Clement.  Before entering the pub, the defendant purchased a bottle of wine from the Wine Warehouse.  Once inside the Tivoli, the defendant bought himself a drink and sat down with some friends.  He then recognised the victim and, due to an ongoing animosity between the two men, got up from the table and seated himself further from the victim.  A little later the victim got up from the table and went outside to telephone his wife.  The defendant then retrieved his bottle of wine, followed the victim outside and, having raised the bottle above his head with both hands, brought it down hard on the victim's head, causing the bottle to smash.  He then returned inside the pub briefly before going straight home.  The victim staggered back into the pub, where he collapsed.  He was taken to the Jersey General Hospital for emergency resuscitation and then flown to Southampton for emergency neurosurgery.  Although he has since made a recovery, the prognosis remains uncertain.  The Court was informed that his condition was though to be worsening.  The Inferior Number advised that they would be happy to sentence the defendant on the victim's current condition and accepted the defence's mitigation on this basis.  The defendant's alcohol consumption prior to the attack was cited as being an aggravating factor.

Details of Mitigation:

The ongoing tension between the defendant and the victim, which had originated around the time that the victim had attacked the defendant and bitten his ear, that had since escalated with the victim's constant taunts and ridicule.  Also, the guilty plea, the defendant's co-operation with police, his expression of remorse and the fact that the attack was out of character.

Previous Convictions:

None for violence.  In 1998 he was fined and disqualified from driving for driving while being over the limit and in 1999 he was bound over for a year for being disorderly on and refusing to leave licensed premises.

Conclusions:

18 months' imprisonment.

Sentence and Observations of Court:

Conclusions granted.  The defence was happy for the Court to grant the Crown's conclusions without offering any mitigation.  The Court stated that they wished to hear the defence's mitigation as they might be minded to increase the sentence suggested by the Crown. 

C.M.M. Yates, Esq., Crown Advocate.

Advocate R. Tremoceiro, Esq., for the Defendant.

JUDGMENT

BAILIFF:

1.        This was a very serious assault with potentially grave consequences for the victim, where the defendant quite deliberately struck the victim on the head with a bottle of wine causing injuries sufficiently grave to require him to be flown to Southampton Hospital for emergency treatment.  The prognosis is as yet uncertain so far as the victim is concerned.  It is an aggravating feature of the assault that the defendant was under the influence of alcohol to a certain extent.  On the other hand, we accept that there was an usual background to the attack, in that there was great tension between the two men as a result of another serious assault.  This time upon the defendant by the victim some 18 months before.  An assault which ultimately, however, did not go to court because the defendant withdrew his complaint.

2.        Defence Counsel told us, during the course of his full and very helpful address, that since that earlier assault there had been a series of incidents in the work place involving taunting and ridiculing of the defendant in front of colleagues which amounted to bullying.  It was all those events which created a build up of pressure which finally exploded on the night in question. In mitigation the defendant was immediately co-operative with the police, pleaded guilty to the indictment, and has expressed great remorse for what happened. 

3.        Gooding, you did a terrible thing that evening, but we accept, having listened to your counsel, and having read all the references and other papers, that have been put before us that this was out of character and was brought about by the build up of tension for the reasons which we have given.  We must punish you for the offence which you have committed.  We think, having considered carefully all the circumstances, that the conclusions fairly balance the different considerations and those conclusions are accordingly granted and you are sentenced to 18 months' imprisonment.

Authorities

Mallet -v- A. G. (14^th July, 2000) Jersey Unreported; [2000/134].

A. G. -v- Henry (30^th July, 1999) Jersey Unreported; [1999/138].

A.G. -v- Nozedar (25^th October, 1985) Jersey Unreported.