Jersey Unreported Judgments

[2005]JRC174

ROYAL COURT

(Samedi Division)

16^th December 2005

The Attorney General

-v-

Martin John Casey

Sentencing by the Inferior Number of the Royal Court on guilty plea to:

Age:  29.

Plea: Guilty.

Details of Offence:

Casey and his female victim had both been drinking.  In a busy town they began arguing.  The victim threw her drink over Casey.  He retaliated by throwing  his drink over her.  In doing so his glass accidentally caught the victim on her face close to her right eye.  The cut required five stitches.  Minor injury to Casey's hand.  During interview the accused was initially evasive, but later made full admissions.

Details of Mitigation:

Plea.  Residual youth.  Previous good character (numerous testimonials).  Provocation from victim.   Remorse.

Previous Convictions:

None.

Conclusions:

210 hours' Community Service (Crown considering offence would otherwise have merited a term of imprisonment of 15 months - starting point 30 months).

Sentence and Observations of Court:

Grave and criminal assault is a serious offence.  The strike from the glass could have blinded the victim.  Court accepted blow from glass was accidental.  Victim would, however, carry a scar.  Casey a man of previous good character who cared for his mother.  In the Court's view a fine was appropriate in an amount which would sting.  Fine £2,000 (to be paid at £200 per week, or, in default, 9 months' imprisonment).

A. J. Belhomme, Esq., Crown Advocate.

Advocate S. Frankel for the Defendant.

JUDGMENT

THE BAILIFF:

1.        Casey, you are fortunate that no more serious injury was caused when the glass you were holding struck the girl in the eye she could easily have been blinded and even though she has not been prosecuted for her part in these events, she will carry a scar for the rest of her life. 

2.        We accept that you were provoked.  We accept that you only intended to throw drink over her and that the blow with the glass was accidental.  We have also taken account of everything that your advocate has said of your previous good character, the matters set out in the background report, and in particular the care you are continuing to give to your mother. 

3.        We think that the appropriate penalty in this case is a fine rather than a community service order,  a fine which will sting sufficiently to remind you of what can go wrong when you lose control and drink too much.  We are going to fine you £2000 and that fine will be paid at a rate of £200 per week.  In default of payment you will go to prison for 9 months.

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