Jersey Unreported Judgments

[2003]JRC037

ROYAL COURT

(Samedi Division)

14^th February 2003

The Attorney General

-v-

Carlos Manuel Vieira Moniz

(N.B. Defendant previously charged with grave and criminal assault, but Crown had accepted plea to lesser charge at Count 1.

Age:     36

Plea:    Guilty.

Details of Offence:

Victim and his wife and their friend visited the Portuguese Club for supper.  Co-defendant, one Teles, struck victim in the face with beer glass, causing serious injury.  Victim took hold of Teles by neck with one hand.  Defendant, a large, powerful man.  Heavily intoxicated that night.  Identified himself as Teles' uncle.  Grabbed victim by shoulders and pulled him to one side.  Victim's wife pulled the Defendant away from the victim.  Defendant pushed victim to the floor.  Victim momentarily lost consciousness.  Not an assault in the highest category of seriousness but Defendant had attacked an already seriously wounded man. (Count 1).

On arrest, Defendant became argumentative towards the police.  It took two police officers to restrain him.  Once finally bundled into the police van, Defendant began to bang his head violently and repeatedly against the sides of the van.  Has to be placed in cells at night.  A serious offence of resisting.  (Count 2).

Details of Mitigation:

Defendant apologised - some remorse.  Guilty Plea.  None of the Police officers injured by Defendant's resistance.  Defendant claimed to have intervened to protect nephew.

Previous Convictions:

Drunk and disorderly, the most recent being in April 2001, common assault 1997 and for resisting arrest 2000.  No previous custody.

Conclusions:

Exclusion from 1^st, 2^nd 4^th, 5^th and 7^th category licensed premises for 12 months from date of release.

Sentence and Observations of Court:

Fines to be paid at rate of £100 per week; default sentences to follow each other consecutively.

The Court did not grant an Exclusion Order due to the Defendant's place of employment being licensed premises and because the Defendant had already been excluded from licensed premises for 7 months while on bail.

A.J. Olsen, Esq., Crown Advocate.

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

JUDGMENT

BAILIFF:

1.        We think that alcohol played a significant part in the events of the evening in question, and we think that the alcohol clouded your judgment as to what you were doing.  You pushed with excessive force, a man who had been the victim of a very serious assault.  We think that you ought very well to have been able to distinguish between the victim of the assault and the man who had committed that assault.  Later on you resisted the police in a foolish way when they were trying to get to the bottom of who had been responsible for this serious assault. 

2.        On the other hand, we accept what is said by your counsel, that there is mitigation in the sense of an early guilty plea.  You do not have a particularly good record but you have not yet been sent to prison.  We agree with your counsel that this is not an appropriate case for the imposition of a prison sentence.  We think, nevertheless, that we have to punish you for your behaviour on that evening fuelled, as we have said, by alcohol.  Accordingly, we are going to fine you, on count 1, the sum of £600; or in default of payment, 4 weeks' imprisonment.  On count 2, we are going to fine you £400; or in default of payment, 2 weeks' imprisonment, consecutive, making a total fine of £1,000 or in default of payment 6 weeks' imprisonment.  We will not make an exclusion order on the basis of what we have been told by your counsel about the period of time that you have effectively been excluded as a result of bail conditions, and because of the more serious offence with which you were originally charged and with which the prosecution did not proceed.  The fines will be paid at the rate of £100.00 per week.

Authorities

Whelan: Aspects of Sentencing in the Superior Courts of Jersey (2^nd Ed'n):  pp.284 -286.

R -v-Kastercum (1972) 56 Cri. App. R. 298.

Mandel -v- AG [1989} JLR N.11.

A.G. -v- Brown [2000] JLR N.57.