Jersey Unreported Judgments

[2006]JRC002

ROYAL COURT

(Samedi Division)

6^th January, 2006

The Attorney General

-v-

P

W

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

P

Age:  15

Plea: Guilty

Details of Offence:

Soon after midnight both defendants, having consumed half a litre of vodka each, approached a victim, a Polish man in Jersey for the weekend, who was with friends in the Parade, by the Cenotaph.  They went to investigate claims, by two ten year old boys, that the victim had threatened them.  W barged victim a number of times and made racist comments.  Other racist comments and threats were made - Prosecution unable to say who by.  W stuck victim on back of his head with a bottle which broke.  W then stabbed broken bottle into victim's face causing 5 centimetre wide laceration.  On victim falling to ground he was punched and kicked by W and P.  P gave 1 kick and 1 punch.  Aggravating factors:  Racist comments; assault fuelled by excessive amounts of alcohol consumed by both defendants.

Details of Mitigation:

First offender, expressed remorse.  Youth.

Previous Convictions:

None.

Conclusions:

Sentence and Observations of Court:

W

Age:  15.

Plea: Guilty.

Details of Offence:

See P above.

Details of Mitigation:

Expressed remorse.  Youth.

Previous Convictions:

Twenty-three theft offences and one acting in a manner likely to cause a breach of the peace.  In breach of Probation Order handed down by Youth Panel in August, 2005.

Conclusions:

Crown were close to moving a sentence of detention provided for in Article 5 (4) of the Criminal Justice (Young Offenders) (Jersey) Law 1994.

Sentence and Observations of Court:

R. G. Morris, Esq., Crown Advocate.

Advocate S. M. Baker for P.

Advocate D. Gilbert for W.

JUDGMENT

THE COMMISSONER:

1.        The truly disturbing aspect of this case is that it involves a racist attack on a Pole who was causing no problems whatsoever.  Disturbed by two boys about 10 years old, this was after midnight, what B and J, the boys in question, were doing out at that time I do not know, but at the time in question they were throwing stones at the three friends who were sitting peacefully on a bench in the Parade.  The complainant told them if they did not go home he would call the police to take them home. 

2.        The two ten year old boys returned sometime later with W and P.  W was clearly looking for a confrontation.  One of his remarks when told about the boys throwing stones was "Its just child's play you are just probably Polish pigs and you deserve it".  P according to one of the complainants was the most aggressive. 

3.        The trio of Polish people tried to walk away but, W smashed a broken bottle on the complainant's head.  He was then hit just below the eye.  The medical reports, and we have seen the photographs, make more disturbing reading.  Dr Holmes the very experienced police surgeon is of the opinion that the injury to the back of the complainant's head was consistent with him having been hit with a bottle which broke on contact.  That the incision to his left upper cheek was consistent with him having been stabbed with a broken bottle, and the bilateral sub-conjuctival haemorrhages in the right eye were likely to have been caused by two kicks rather than punches when he hit the ground.  You must know the Polish gentleman in question could have lost his eye.

4.        Of course, drink plays a part in this behaviour.  P and W had each consumed half a bottle of vodka that evening and we, of course, will have to consider what effect this incident will have on a very peaceful and hard working Polish community. 

5.        We have read all the letters and reports, and we were impressed by the unsigned, unheaded and undated report of one of the key workers at Greenfields.  We are going to do something unusual.  P you are going to serve a Community Service Order of 120 hours.  W if you were a little bit older you would go to prison.  You cannot at your age even begin to see the harm that you have caused - not only to the quite innocent Polish gentleman, but also to the Polish community as a whole, let alone to your immediate family.  W we are going to put you on probation.  You will serve 180 hours Community Service.  You will also have a curfew imposed on you from 8 p.m. in the evening until 7 a.m. the next day, and as directed by the Probation Officer, we would suggest that this would run for 12 months.  This is your last chance.  You breach your order, you come back here, and you will go to prison.  Take this opportunity and work under those terms.

No Authorities