Jersey Unreported Judgments

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URL: http://www.bailii.org/je/cases/UR/2006/2006_041.html
Cite as: [2006] JRC 041, [2006] JRC 41

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[2006]JRC041

ROYAL COURT

(Samedi Division)

17^th March 2006

Before :

M. C. St. J. Birt, Esq., Deputy Bailiff, and Jurats Tibbo and Allo.

The Attorney General

-v-

Paul Michael Gardner

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

1 count of:	Assault (Count 1).
1 count of:	Refusal to quit licensed premises (Count 2).

Age: 41.

Plea: Guilty.

Details of Offence:

Defendant was asked by proprietor to leave Checkers Express in Mulcaster Street. He was behaving bizarrely and appeared to be drunk. He refused to leave. Police were called. Defendant was arrested but taken to hospital because police concerned about his mental health. Whilst awaiting the arrival of the psychiatrist, the Defendant became increasingly aggressive, kicking out and using foul language. When the psychiatrist arrived and attempted to examine the Defendant, he kicked at the doctor. In attempting to restrain the Defendant, one of the police officers was struck in the chest but suffered no significant injury (Count 1). The doctor would not admit the Defendant, stating he was too drunk. Defendant was arrested for assault on the police officer and taken to Police Headquarters. Defendant could remember nothing of the events the following morning. He was charged and released on a warning to appear before the Magistrate on 3^rd January 2006. However on 1^st January 2006, police officers had been called to the Bella Italia Restaurant in York Street, which holds a 3^rd category licence, because the defendant was drunk and refusing to leave the premises. Defendant was again arrested (Count 2). When he appeared before the Assistant Magistrate, the Magistrate committed the case to the Royal Court for consideration under the Mental Health (Jersey) Law 1969 or the Criminal Justice (Insane Persons)(Jersey) Law 1964.

Details of Mitigation:

Guilty pleas.

Previous Convictions:

27 convictions for 45 offences, mostly relating to public order and offences against the police.

Conclusions:

Count 1:	2 months' imprisonment.
Count 2:	2 weeks' imprisonment (consecutive).

Sentence and Observations of Court:

Count 1:	2 months' imprisonment.
Count 2:	2 weeks' imprisonment (consecutive)

Defendant not amenable to 1969 Law because in the opinion of Dr. Sharkey he did not satisfy the grounds for detention under the 1969 Law. Counsel did not raise the issue of insanity.

The Court therefore granted the Crown's conclusions.

C. M. M. Yates, Esq., Crown Advocate.

Advocate J. M. Grace for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1. We are going to pass the sentence which is requested by the Crown because it seems right for the offences you committed. That is 2 months' imprisonment for the assault and 2 weeks' imprisonment for the other, but because you have already served that on remand it means that you will be released today.

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