Jersey Unreported Judgments

[2004]JRC082

ROYAL COURT

(Samedi Division)

 

7^th May 2004

 

 

The Attorney General

-v-

Steven Watts

 

 

 

1 count of:	Driving, after consuming alcohol above prescribed limit, contrary to Article 16A(1) of the. Road Traffic (Jersey) Law 1956, as amended. (Count 2).
1 count of:	Driving without a licence, contrary to Article 3(1) of the Road Traffic (Jersey) Law 1956. (Count 3).
1 count of:	Driving uninsured contrary to Article 2(1) of the Motor Traffic (Third Party Insurance) (Jersey) Law, 1948. (Count 4).
1 count of:	Common assault.  Count 5).

 

[The Crown did not proceed with count 1; on 6^th April, 2004, the Defendant pleaded not guilty to one count of grave and criminal assault at a criminal assize, but guilty to common assault which plea the Crown accepted and the trial judge then directed the Jury to enter a Not Guilty plea to grave and criminal assault].

Age:     35.

 

Plea:    Guilty.

 

Details of Offence:

The three motoring offences were committed together.  Watts attended at Freelance Motors on 28 August, 2003, and he asked if he could test drive a sports car.  Arrangements were made for him to return the vehicle at a particular time.  When he had not returned it by the appointed time the salesman became concerned and contacted the police to report the car as stolen.  The Police attended at the garage to take details of the missing car and while they were there Watts returned the car.  The police breathalysed him and arrested him on suspicion of driving with an alcohol concentration above the prescribed limit.  He was found to have 41 micrograms of alcohol per 100 ml of breath.  He declined the possibility of a blood sample and pleaded guilty to the offence at the first opportunity.  On further enquiry it was established that when he had driven the vehicle in question he did not have a valid driving licence, nor did he have valid insurance.  He pleaded guilty to the latter two offences as soon as it became clear that he had no valid licence and no valid insurance.

The facts surrounding the assault were that Watts was in a long term relationship with Julia Hampton.  In early September, 2003, the couple were separated and Julia Hampton was associating with the victim of the assault.  Watts disapproved of the victim of the assault who he thought would have a bad influence on Hampton and their two and a half year old son.  Accordingly Watts attended at the home of Hampton in the early hours of the morning on 6 September, 2003.  Finding the external doors locked he climbed up the outside of the house by using a piece of climbing rope which he located in an adjacent play area and entered the house via an upstairs open window.  He found Hampton and the victim asleep on one sofa in the sitting room of the house with his two and half year old son asleep on an adjacent couch.  He was angered that the victim was with Hampton and he wanted to remove the victim from the house.  He placed the rope he had used to climb into the house around the throat of the sleeping victim and dragged him off the sofa and on to the floor.  There was then a melee in which Hampton forced Watts to stop the assault on the victim and Watts left the premises.  Hampton pressed a panic alarm in the house which was connected to Police Headquarters.  Officers arriving at the scene shortly thereafter and found Watts hiding between two parked cars.  He was arrested and in interview he frankly admitted what he had done.

The Crown took the view that this was a serious assault on a defenceless and sleeping man.  Aggravating features were that it was unprovoked and that the victim suffered from cerebral palsy, epilepsy and asthma.  He was therefore not in a position to defend himself against the fully able bodied Watts.

 

Details of Mitigation:

 

It was said on Watts' behalf that he believed that the victim was a bad influence on Hampton and that he might encourage her to use drugs and/or that he might sexually assault her.  The injuries suffered by the victim were superficial and he made a full recovery from the assault.  Watts was portrayed as a devoted family man helping the family financially and in particular helping Hampton recover from a heroin addiction.  Watts was a faithful church goer who had the support of the Dean of Jersey who was present in Court.

 

Previous Convictions:

Numerous involving dishonesty. Public order and one for assault.

 

Conclusions:

 

Count 2:	15 months' disqualification from driving; £500 or 2 weeks' imprisonment in default of payment.
Count 3:	£300 fine or 2 weeks' imprisonment in default of payment.
Count 4:	£400 fine 2 weeks' imprisonment in default of payment.
Count 5:	6 months' imprisonment, suspended for 1 year.

 

 

Sentence and Observations of Court:

 

Count 2:	14 months' disqualified from driving.
Count 3:	£50 fine, 10 weeks to pay.
Count 4:	£50 fine, 10 weeks to pay.
Count 5:	6 months' imprisonment, suspended for 1 year.

 

The accused had a deplorable record and had made a thorough nuisance of himself for many years.  The Court warned him that he had to grow up and make some sort of attempt to reform himself.

 

 

 

M. St. J. O'Connell, Esq., Crown Advocate.

Advocate D. Hopwood for the Defendant.

 

 

 

JUDGMENT

 

 

 

THE COMMISSIONER:

1.        Mr Watts you have a deplorable record.  It is quite clear that you have been a thorough nuisance for years, and it is well and truly time for you to grow up.  Nonetheless, it is clear from the reports that we have that you are making some effort to reform your life. 

2.        We take into account references not only from Mr Hampton, but that from Captain Le Page and indeed the presence of the Dean in Court who has come to support you today.

3.        On count 2, (that is driving under the influence of drink) we do not propose to fine you but you will be suspended for 14 months from the date you pleaded guilty to the charge (5^th September, last). 

4.        On counts 3 and 4 (the other driving offences) you will be fined £50 or 2 weeks' imprisonment on both those counts, you will have ten weeks to pay the fines, that is £10.00 a week.

5.        On the last count the Court sentences you to 6 months' imprisonment, suspended for 12 months.  You must realise that if there is any other offence the Court will reconsider the position and you may well go back to prison for the remaining part of the sentence.

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