Jersey Unreported Judgments

[2004]JRC127

ROYAL COURT

(Samedi Division)

 

16^th July 2004

 

 

The Attorney General

-v-

Robert Steven Sanders;

James Mark Sanders.

 

Robert Steven Sanders

 

1 count of:

Grave and criminal assault (Count 1).

 

 

Age:     21.

 

Plea:    Guilty.

 

Details of Offence:

Victim was intoxicated and began behaving in an irritating manner and some physical contact was made with a member of the Sanders party.  The victim was knocked to the floor and both brothers began kicking and punching him to the body and head while he lay on the ground.  The victim did not retaliate and lay defenceless while he was attacked.  Injuries caused included serious and potentially long lasting damage to the victim's teeth.

 

Details of Mitigation:

Early guilty plea, youth (21), a degree of provocation, remorse, good references.

 

Conclusions:

 

Count 1:

18 months' imprisonment.

 

£5,000 compensation to be paid jointly.

 

 

Sentence and Observations of Court:

 

Count 1:

18 months' imprisonment. £5,000 compensation order to be paid jointly and severally by Defendants, within 1 week, or 6 months' imprisonment, consecutive in default of payment.

 

James Mark Sanders

 

1 count of:

Grave and criminal assault (Count 1).

 

 

Age:     23.

 

Plea:    Guilty.

 

Details of Offence:

See Robert Steven Sanders, above.

 

Details of Mitigation:

Guilty plea, residual youth (23), a degree of provocation, remorse, good references.

 

Conclusions:

 

Count 1:

18 months' imprisonment.

 

£5,000 compensation to be paid jointly.

 

Sentence and Observations of Court:

 

Count 1:

18 months' imprisonment. £5,000 compensation order to be paid jointly and severally by Defendants, within 1 week, or 6 months' imprisonment, consecutive in default of payment.

 

 

Advocate S.E. Fitz, Crown Advocate.

Advocate D. Cadin for R.S. Sanders.

Advocate O. Blakeley for J.M. Sanders.

 

 

 

JUDGMENT

 

 

 

THE BAILIFF:

1.        These defendants have pleaded guilty to grave and criminal assault upon an intoxicated young man on the streets of St Helier.

2.        We accept that the victim behaved in an irritating and provocative way, but the Defendants reacted in a disproportionately aggressive and violent way that was described by witnesses as frenzied and shocking.

3.        The victim was punched and kicked while on the ground and suffered bruising to his face and body and serious damage to his front teeth.

4.        James Sanders is 23 and has previous convictions including public order offences.  Robert Sanders is 21 and has been cautioned for an assault and battery. 

5.        This was, however, a joint enterprise and both are equally responsible for the injuries caused to the victim.

[Addressing the defendants]

6.        The Court has given very careful consideration to all the submissions ably made by your counsel.  We take into account your guilty pleas, the remorse which you have expressed and all the references which have been passed up to us.

7.        At the end of the day, however, you delivered kicks or punches to this man's head while he was defenceless on the ground.  In fact you only caused damage to his teeth and eye, but you could have caused brain damage or worse.

8.        The Crown Advocate has given, in our judgment, proper weight to all the mitigating factors.  The conclusions are granted and you will each be sentenced to 18 months' imprisonment on the offence to which you have pleaded guilty.  We also order that compensation by paid jointly and severally in the sum of £5,000, that amount to be paid within one week, in default of which you will serve 6 months' imprisonment, consecutive.

Authorities

Harrison -v- AG [2004]JCA046.