Jersey Unreported Judgments

 [2003]JRC178

ROYAL COURT

(Samedi Division)

 

14^th October, 2003

 

 

The Attorney General

-v-

José Carlos Figueira

 

 

1 counts of:

Grave and criminal assault

 

 

Age:     23        

 

Plea:    Guilty

 

Details of Offence:

Victim out for the evening with friend.  In good spirits but not drunk.  An unknown female approached him from behind, put her arms around his waist and purported to dance with him.  The female was a friend of the defendant.  A couple of seconds later, defendant threw some of his drink into the victim's face.  In retaliation, victim threw his drink over the defendant.  Victim then described seeing a half pint glass flying towards him, hitting the side of his face and his front tooth.   Victim required 13 stitches to a laceration to the left side of his face; six stitches to his lip; front tooth cracked in two; off work five days.  Appeared that only explanation for assault was jealousy, defendant having misinterpreted what he saw  whilst he was admittedly intoxicated and completely over-reacted.

 

Details of Mitigation:

Defendant was born with low IQ, exacerbated by a head injury later in his childhood, which led to him having learning difficulties.  Illiterate.  Assessed as having mental age nearer 9 than his chronological age.  Problem with alcohol.  Served equivalent 4 months 6 days on remand.  Re deportation - only remaining member of his family still in Madeira was one of his sisters who had recently married.  Mother, brother and other sister in Jersey.   Father dead.

 

Previous Convictions:

5 Convictions comprising 9 offences, 2 being common assault and 1 public disorder.

 

 

Conclusions:

 

2 ½  years' imprisonment; invited Court to recommend deportation at end of sentence.

 

 

Sentence and Observations of Court:

2 years' imprisonment.  Re deportation, serious assault, no doubt defendant's presence in Jersey is detrimental to Island.   However on purely compassionate family grounds, no recommendation made.  Warned that any further offences, highly likely would be deported, whether family remained in Jersey or not.

 

 

 

Mrs S. Sharpe, Crown Advocate.

Advocate C.M. Fogarty for the Defendant.

 

 

 

JUDGMENT

 

 

 

THE DEPUTY BAILIFF: 

1.        This was an unprovoked assault on the victim by either throwing a beer glass or hitting the victim with a beer glass, after you had thrown your drink over the victim and he had replied in kind.  The only excuse put forward seems to be that he was either talking to or dancing with a girl that you had met.

2.        You caused the victim a long laceration to the left of his face, which required 13 stitches; he had other cuts to his lips and his front tooth was cracked.   It seems likely that the scarring will be permanent.

3.        In mitigation we take into account your guilty plea, and the fact that you have not been to prison before.   More significantly we take into account your very considerable difficulties as described in the Psychological Report and the Background Report.   We note that despite these you have a good work record since you have come to Jersey.  We have read carefully both the references and the expert opinion on the effect upon your mother, and the letter you have written to us.  Your real problem is drink, and until you deal with that we suspect that you are at risk of re-offending as the Report suggests.  

4.        Miss Fogarty has suggested that we should impose a Probation Order and Community Service.  This Court has repeatedly said that those who commit serious assaults in the streets or pubs of Jersey will almost inevitably go to prison.   This Court is determined to do what it can to reduce the level of assaults in St Helier, which is far too high.    We therefore see no alternative to prison in this case, despite the arguments persuasively put forward by Miss Fogarty, but in  the light of all the mitigation matters and the Reports we reduce the conclusions to 2 years, and the sentence is therefore 2 years' imprisonment.

5.        We have considered next to whether to recommend deportation.    You came to Jersey when you were 17 and have committed two - admittedly minor - assaults since then, and some other minor offences.   Taken with this serious assault we have no doubt that your presence in Jersey is detrimental to Jersey.  However, we must balance that against the right to a family life and any hardship caused to innocent relatives.  We note that your mother, older brother and sister are in the Island and that your only close relative in Madeira is one sister who is now married, your father having died.   We note also the evidence in relation to the effect on your mother of all that has happened.

6.        In the circumstances, not without hesitation, we are not going to recommend deportation, but you must understand that if you commit any more offences it is highly likely that you will be deported from Jersey even though your mother, sister, and brother remain here. Do you understand that?

7.        Very well, so the sentence is 2 years' imprisonment and we do not recommend deportation at this stage.

Authorities

A.G -v- Gardner (22^nd November, 2002) Jersey Unreported; [2002/223].

A.G -v- Blackley (23^rd June, 2000) Jersey Unreported [2000/114]

A.G -v- Nafkha (23 May 2000) Jersey Unreported [2000/86]