Jersey Unreported Judgments

 [2003]JRC210

ROYAL COURT

(Samedi Division)

 

14^th November, 2003

 

 

The Attorney General

-v-

Myles Christian Priestly Smith

 

 

1 count of:	causing a breach of the peace by fighting (count 1);
1 count of:	being drunk and disorderly (count 2);
1 count of:	resisting a police officer in the execution of his duty (count 3);
1 count of:	grave and criminal assault (count 4).

 

 

Age:     29.

 

Plea:    Guilty.

 

Details of Offence:

In November, 1999 Smith was caught on video camera punching a man outside Quid's Inn.  He was arrested and charged, but failed to appear in Court.  His arrest was ordered (count 1).

 

In July, 2000 Smith was stopped by Police Officers late one evening.  He was drunk and hurled verbal abuse at them.  When they tried to arrest him, he struggled free and ran away.  He was apprehended and charged.  He then absconded from the Island and his arrest was ordered a second time.

 

In July, 2003 Smith came back to the Island.  He went out drinking with two female friends.  Later on, when intoxicated, he attacked one of his friends' ex-boyfriends.  He punched and then head-butted the victim.  He then elbowed the victim in the back several times before hitting him on the shin with a claw hammer.

 

Smith then ran away from the scene before handing himself into the Police two days later.  He pleaded guilty to assaulting the victim, who had suffered numerous injuries, including £2,000 worth of damage to his teeth.

 

Details of Mitigation:

Guilty plea, co-operation, alcohol problem, good references, provocation in relation to the grave and criminal assault.

 

Previous Convictions:

Various dating back to 1991, including two previous assault charges.

 

Conclusions:

 

Count 1:	£150 fine or 7 days' imprisonment, in default of payment (consecutive to all other sentences.
Count 2:	14 days' imprisonment concurrent with sentence passed on count 3, otherwise consecutive.
Count 3:	14 days' imprisonment concurrent with sentence passed on count 2, otherwise consecutive.
Count 4:	2 years' imprisonment.
TOTAL:	2 years, 2 weeks' imprisonment.

 

Sentence and Observations of Court:

 

Count 1:	£150 fine or 7 days' imprisonment, in default of payment;
Count 2:	14 days' imprisonment;
Count 3:	14 days' imprisonment;
Count 4:	15 months' imprisonment, all concurrent.

 

Smith's intoxication was a clear aggravating factor.  However, given the submissions, the Court felt able to reduce the conclusions in relation to count 4.

 

 

C.M.M. Yates, Crown Advocate.

Advocate C.M. Fogarty for the Defendant.

 

 

 

JUDGMENT

 

THE BAILIFF:

1.        The victim received a number of injuries involving bruising and lacerations; the head butt caused a laceration to the upper lip which required 12 stitches.  Damage to the victim's teeth was caused which required dental treatment costing some £2,000.  The defendant has several previous convictions for assault and public order offences.  It seems clear that much of this history and indeed the current offences, including the grave and criminal assault, result from excessive drinking. 

2.        In mitigation, however, Smith did return to the jurisdiction to face the outstanding minor charges although unfortunately he then committed this more serious grave and criminal assault.  The important mitigation is that Smith has admitted what he did, pleaded guilty to the indictment and expressed remorse.

3.        Smith, we have read your letter.  We are glad to note that you accept that alcohol has been your downfall.  If you want help in that respect, you have only to ask for it at the prison and it will, we are sure, be given to you.  Having taken account of all the background circumstances we think that we can reduce the conclusions to take account of the mitigation and your expressed intention to turn over a new leaf and abandon excessive alcohol consumption and we are going to sentence you as follows: on count 1 you will be fined £150 or seven days' imprisonment, on count 2 you will be sentenced to fourteen days' imprisonment, on count 3 to fourteen days imprisonment and on count 4 to fifteen months' imprisonment.  Taking account of the totality factor, all those sentences will be concurrent so that in effect the total sentence is one of 15 months' imprisonment.

Authorities

A.G. -v- Harrison [2003] JRC 161.

Mallet -v- A.G. [2000] JLR 256.