Jersey Unreported Judgments

[2006]JRC083

ROYAL COURT

(Samedi Division)

9^th June 2006

The Attorney General

-v-

Simon Lee Gillingham

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

Age:  27.

Plea: Guilty.

Details of Offence:

Count 1: Drunk and disorderly

The defendant tried to enter licensed premises while intoxicated.  After being refused entry a number of times the defendant attempted to assault one of the door staff and had to be restrained.

Count 2: Grave and Criminal Assault.

In the early hours of 29^th January 2006, following an evening in St Helier with friends, the victim returned to the flat she shared with her boyfriend, the defendant.  An argument followed when the defendant accused the victim of being unfaithful.  The defendant threw the victim on the floor, sat on her and then punched her in the head and face about 10 times over the course of 10 -15 minutes.  The defendant then fetched an 8 inch bladed kitchen knife and threatened to kill himself.  When the victim tried to calm the defendant down, he threatened to kill her.  The victim tried to escape from the flat but was forcibly dragged back by the defendant at which point she suffered two cuts to her right leg from the knife.  After requests from the victim, the defendant eventually called for an ambulance.  When approached by police officers at the General Hospital, the defendant tried to escape capture, was caught and arrested.

The victim required five stitches to one 4 cm laceration to her right thigh.  X-ray confirmed a fractured cheek bone and there was extensive bruising to the victim's face and head.

Details of Mitigation:

Aged 27 years.  Native of England, Jersey resident for the past 9 years.  Two children by his previous partner.  No provocation from the victim save for the defendant's irrational and unsubstantiated fear that the victim had been unfaithful.  Intoxicated.  Un-co-operative in interview.  Guilty plea for which full credit to be given as spared the victim testifying.  Good work record until three months before the offence.  Personal mitigation in psychological, psychiatric and Social Enquiry Reports.  Residual youth.  Accepted support whilst in custody.  Limited remorse.

Previous Convictions:

22 previous convictions including 2 for grave and criminal assault.  Offending predominately alcohol-related and assaults committed in the 'domestic context'.

Conclusions:

Sentence and Observations of Court:

Crown's conclusions followed.  A serious grave and criminal assault resulting in serious injuries to the victim, including a fractured cheek bone and cuts, over a sustained period that culminated with threats with an 8 inch kitchen knife.  Defendant's drunkenness is an aggravating factor.  Bad criminal record.  The background reports indicate that the defendant is violent within relationships and suffered abuse during childhood.  Relevant mitigation of guilty plea, residual youth, troubled background, conduct in prison and remorse.

Crown's conclusions give full weight to all available mitigation.  The Court expressed the hope that in prison the defendant will receive the help needed and will continue to benefit from counselling.

B. H. Lacey, Crown Advocate.

Advocate R. C. L. Morley-Kirk for the Defendant.

JUDGMENT

THE BAILIFF:

1.        The defendant has pleaded guilty to a grave and criminal assault upon his girlfriend during which she suffered serious injuries including a fractured cheekbone and considerable bruising.  The assault lasted for between ten to fifteen minutes and culminated in threats with an eight inch kitchen knife which caused cuts to the victim's leg.  The defendant was drunk at the time which was an aggravating feature.  Gillingham has a bad record of previous convictions. 

2.        The background report shows a history of violent relationships and abuse of alcohol which have left him in a position where he lacks self-respect.  Defence counsel has drawn attention to a number of mitigating factors, the guilty plea, residual youth, troubled background, the defendant's conduct whilst in prison and his remorse.  The Court has taken all those factors very ably expressed by counsel fully into account.  Having said that, we think that the Crown Advocate too, has taken these factors appropriately into account in moving conclusions.

3.        Gillingham, you have quite rightly accepted through your counsel that your actions were inappropriate, but they were not only inappropriate but completely unacceptable and we have to punish you for that behaviour.

4.        We hope that in prison you will get some of the help that you need as was recommended in the report of the Probation Officer and that you will continue to get benefit from the wise advice and counsel of Father Michael.  In the meantime, we have to punish you for the grave and criminal assault that you committed and the conclusions are granted and you are sentenced on Count 1 to 1 week's imprisonment; on Count 2, to 3 years' imprisonment, concurrent, making a total of 3 years' imprisonment.

No Authorities