Jersey Unreported Judgments

 [2003]JRC227B

ROYAL COURT

(Samedi Division)

 

5^th December, 2003

 

 

The Attorney General

-v-

Philip William Baglin

 

1 count of:	grave and criminal assault (count 1).
1 count of:	assault (count 2).

 

[The Crown withdrew count 2].

 

Age:     35.

 

Plea:    Guilty.

 

Details of Offence:

Held knife to throat of 17 year old.  No intention to harm, unprovoked.  Plea after trial and successful appeal.

 

Details of Mitigation:

Plea of guilty, no injury, short-lived attack.

 

Previous Convictions:

Several, 24 for violence; 16 for dishonesty; 19 miscellaneous and 2 firearms.

 

Conclusions:

 

Count 1:

2½ years' imprisonment.

 

Sentence and Observations of Court:

 

Count 1:

18 months' imprisonment. 3 years' starting pint reduced to 2 years.

 

 

N.M. Santos Costa, Crown Advocate.

Advocate C.M. Forgarty for Defendant.

 

 

 

JUDGMENT

 

 

THE COMMISSIONER:

1.        The Defendant was clearly drunk at the time of the committing of this serious offence.  But being drunk with intent is nevertheless an intent.  The offence is serious.  Holding a knife to someone's throat with a threat to kill must have been a terrifying incident for anyone let alone for young people.  The complainant was seventeen and the four girls were fourteen and fifteen.  This is irrespective of the complainant's height and even though Advocate Fogarty said that her client perceived the complainant as an extremely offensive person. 

2.        Baglin put the complainant and his witnesses through two trials, one a committal and one a full assize trial which was successfully appealed against on a legal point.  Advocate Fogarty refers us to the case of A.G. -v- Shewan (13 December 1999) Jersey Unreported; [1999/211] but this does not seem at all on all fours with the present case: what the Bailiff said - and it may be necessary to set it out - is this:

"For reasons which we understand the Crown Advocate has outlined the procedural history involving this accused concerning his conviction, sentence and successful appeal in relation to offences including those to which he has now pleaded guilty.  I wish, however, to make it clear as indeed the Crown Advocate has encouraged us to do, that I have directed the Jurats to put out of mind the sentences imposed by the Superior Number and to approach the matter completely afresh".

3.        We have carefully considered all the cases supplied to us by counsel but we would point out, of course, that Baglin has not yet been sentenced for this particular offence.  Whilst we are still wary of starting points for grave and criminal assaults, the Crown has based its conclusions on three years and has deducted six months.  Advocate Fogarty says that this is far too high.  She reminds us that there was no premeditation and no physical injury.  She explained to us the background: Baglin had on the night in question been evicted by his girlfriend and had taken all his worldly goods with him in a rucksack and that included the knife.  There is no doubt that he has already spent 270 days in custody.  We have to remind ourselves again that the Crown accepts that, despite the terrifying threat, Baglin did not intend to cause the complainant serious physical harm.  As was pointed out, however in A.G. -v- Brolly (20^th November 1998) Jersey Unreported; [1998/230] however the complainant would not have known that.  We also have to bear in mind that the incident was short lived. 

4.        We have considered the matter very carefully but feel that on the particular facts of this case the starting point is too high.  We feel that having examined the cases cited to us - which is often not a fruitful exercise - we are going to start at two years.  There is merit in the guilty plea but we cannot allow the full one third for that.  Baglin has an appalling record which includes violence.  We have read the background report with some care and, in the circumstances, we are going to allow six months in mitigation.

5.        Therefore you are sentenced to one year and six months.

Authorities

A.G. -v- Mallet (24^th May 2000) Jersey Unreported; [2000/87]

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

Whelan: Aspects of Sentencing in the Superior Courts of Jersey (2^nd Edition): pp 240-8; 266; 284

A.G. -v- Gibaut (5^th June 1986) Jersey Unreported

Gibaut -v- A.G. (23^rd September 1986) Jersey Unreported

A.G. -v- McLaughlin (4^th July 1991) Jersey Unreported; [1991/89]

A.G. -v- Comer (11^th October 1999) Jersey Unreported [1999/170]

R -v- Davies [1998] 1 Cr. App. R (S) 252

A.G. -v- Shewan (13 December 1999) Jersey Unreported; [1999/211]

A.G. -v- Brolly (20^th November 1998) Jersey Unreported; [1998/230].