Jersey Unreported Judgments

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URL: http://www.bailii.org/je/cases/UR/2006/2006_044.html
Cite as: [2006] JRC 044, [2006] JRC 44

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[2006]JRC044

ROYAL COURT

(Samedi Division)

17^th March 2005

Before :

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

The Attorney General

-v-

Kerry Ann Fitton

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

2 counts of:	Grave and Criminal Assault (Counts 1 and 2).
1 count of:	Driving a motor vehicle with an alcohol concentration above the prescribed limit, contrary to Article 28(1) of the Road Traffic (Jersey) Law 1956 (Count 3).

Age: 36.

Plea: Guilty.

Details of Offence:

A relationship between the Defendant and Miss Rogers had come to an end and it appeared that the Defendant had moved out of the premises that they had shared. The Defendant returned to the premises, in a drunken state, at around midnight and found Miss Rogers in bed with another woman, Miss Jones. She dragged Miss Jones out of bed by her hair, pulling out a clump of hair, and proceeded to assault her with punches. The Defendant's shoe made contact with Miss Jones' forehead although this may not have been the result of a direct kick. Miss Jones struggled free and Miss Rogers restrained the Defendant whilst the Police were called. Whilst being restrained the Defendant lashed out with her feet and fists. The victims suffered bruises and grazes but no long-term injuries.

Details of Mitigation:

Guilty plea. No previous offences for violence. Did not set out with intention of causing harm. Lost temper on seeing former lover in bed with another woman.

Previous Convictions:

One for driving whilst unfit.

Conclusions:

Count 1:	180 hours' community service (equivalent to 12 months' imprisonment).
Count 2:	120 hours' community service concurrent (equivalent to 6 months' imprisonment).
Count 3:	One year's probation order, 3 years disqualification from driving.

Sentence and Observations of Court:

Conclusions granted.

A. R. Binnington Esq., Crown Advocate.

Advocate C. M. Fogarty for Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1. Normally assaults of this nature result in a prison sentence because people are entitled not to be assaulted in this way, particularly in a private home. We accept that these were very unusual circumstances. It came about unexpectedly. It all arose out of the end of an important relationship to you. You have no previous convictions and you are remorseful. In all the circumstances we are willing to proceed by not sending you to prison.

2. The sentence is therefore that moved for by the Crown. On Count 1, 180 hours' Community Service and we say the alternative would have been 12 months' imprisonment. On Count 2, 120 hours' Community Service, concurrent, and again we say the sentence would have been 6 months' imprisonment. On count 3, probation for one year and disqualification from driving for 3 years. You will have to do a total of 180 hours' Community Service within 12 months and you will be on probation for 12 months. These sentences must be adhered to. You must turn up when you are told for the community service and you must attend upon your probation officer when he or she directs, and do exactly what they say because if you do not you will be brought back to court and you may well find yourself having a prison sentence.

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