Jersey Unreported Judgments

[2005]JRC162

ROYAL COURT

(Samedi Division)

16^th November 2005

The Attorney General

-v-

Louis Francis Brown

Sentencing by the Superior Number of the Royal Court, on guilty pleas to :

Age:     39

Plea:    Guilty.

Details of Offence:

Count 1 - Shortly after his arrival in Jersey from Liverpool, the Defendant attended a party at a flat in St Helier on 10^th July, 2005.  Alcohol was consumed until 8 p.m. when the Defendant and the rest of the group moved on to a pub.  At approximately 10.30 p.m. the owner of the flat returned to his flat to find the Defendant in his bed. When asked to leave, the Defendant became agitated and aggressive and the owner fled, in fear for his safety. When the owner returned the next day, he found a number of his vinyl records had been broken.

Count 2 - The following day, Monday 11^th July, 2005 at about 10.15 a.m., when a group of builders working in Gloucester Road were having a mid-morning break in the Parade Park, the Defendant approached them acting in a bizarre manner.  It was clear to the builders that he was intoxicated.  There were verbal exchanges and then the Defendant slapped one of the builders.  He then approached the victim who had been making a sandwich using a steak knife.  The Defendant grabbed the knife, held the victim's head from behind and put the blade of the knife against his throat.  The serrated edge of the knife caused a 4cm ragged, superficial cut across the front of the victim's neck.  The victim's workmates managed to take the knife away from the Defendant and called the Police.  It was later accepted by the Defendant that there had been no provocation by the group or the victim himself.

Details of Mitigation:

Early guilty pleas.  Defence considered the tests set out in paragraph 7(a) of the Judgment in Harrison, noting that there was no premeditation and no serious injury (albeit through good fortune).  Remorse.  Testimonials.

Previous Convictions:

23 convictions for 43 offences.

Conclusions:

Sentence and Observations of Court:

Mrs S Sharpe, Crown Advocate.

Advocate D. Hopwood for the Defendant.

JUDGMENT

THE BAILIFF:

1.        Brown has pleaded guilty to a grave and criminal assault involving the holding of a knife to the throat of a stranger.  Brown has accepted that there was no intent to stab or seriously injure the victim, but only to threaten him.  We sentence the Defendant on that basis.  It must nonetheless have been a terrifying experience for the victim.  Brown was intoxicated at the time and was behaving irrationally.

2.        The Defendant has a bad record of previous convictions although gaps in offending have occurred in recent years.  The record includes convictions for offences of violence.  Applying the factors listed in Harrison v A.G. [2004] JLR111 we think that the Crown's starting point is on the high side.  In our judgment a starting point of 3½ years is appropriate in this case.

3.         In mitigation Brown has pleaded guilty to the offences and is entitled to credit for that.  He is aged 39 and has served only one sentence of imprisonment as an adult.  We have read the references placed before us and taken note of the fact the Defendant's sister has felt strongly enough to come to Jersey to support him.  We give weight to all these mitigating factors.  Brown, you did behave irrationally on that occasion, but you also behaved criminally.  The Court cannot allow people to threaten others with knives and we must punish you for the offences which you've committed.

4.        We sentence you on Count 1 to 2 weeks' imprisonment.   On Count 2 to 2 years' imprisonment concurrent, making a total of 2 years' imprisonment.

Authorities

Harrison v AG. [2004] JLR111.