Jersey Unreported Judgments

[2007]JRC013

ROYAL COURT

(Samedi Division)

19^th January 2007

The Attorney General

-v-

Peter Colin Nicolas

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

Age:  19.

Plea: Guilty.

Details of Offence:

After drinking too much alcohol at his company's Christmas party, the Defendant went to the home of his girlfriend from whom he had separated but with whom he had a child.  His girlfriend was also intoxicated.  A heated argument developed which caused a neighbour to telephone the police, reporting the disturbance.  Four police officers, in two mobile patrol units, attended the property.  One of the officers asked the Defendant to leave the premises and he did so.  The Defendant then tried to return to collect some personal belongings but the police officer would not allow him to do so.  The Defendant then became argumentative and he was arrested for failing to obey the police officer.  He resisted arrest with the result that he was placed on the ground.  During the ensuing struggle, the Defendant bit the police officer's legs, claiming that his leg was obstructing his nose and he could not breathe.  As a result of these offences, the Defendant was in breach of a Royal Court Community Service Order.

Details of Mitigation:

Defendant was co-operative at interview, fully admitting his behaviour which he claimed was as a result of being drunk and stubborn.  He wrote a letter of apology to the officer concerned.

Previous Convictions:

One previous conviction in 2005.

Conclusions:

The Crown supported the recommendations of the Probation Officer, namely that the outstanding 80 hours' Community Service should be completed and a 12 month Probation Order, coupled with a requirement to attend alcohol and Drug Centre, be imposed in respect of the 3 Counts on the indictment.  All sentences concurrent.

Sentence and Observations of Court:

Crown's conclusions granted.

Mrs S. Sharpe, Crown Advocate.

Advocate C. Fogarty for the Defendant.

JUDGMENT

THE COMMISSIONER:

1.        It is recommended by the Probation Service that you be made subject to a Community Service Order.  If you were not 19 years old we would be considering imprisonment.  The Criminal Justice (Young Offenders) (Jersey) Law 1994 states "the Court shall not pass a sentence of youth detention unless it considers there is no other method of dealing with the young person".

2.        You will recall when you appeared in the Royal Court on 14^th October, 2005, the Court said, quite strongly, that it had been considering a youth detention of 18 months, but it eventually decided to impose Community Service.

3.        I think you are fortunate that you did not cause any injury to the police officer when you bit him.  You have some excellent references, but you must come to grips with your drinking problem.  Police officers are not looking for trouble, they only came to the flat because of your totally unacceptable behaviour.

4.        We are going to follow the conclusions of the Crown on Counts 1, 2 and 3 and the breach of the Community Service Order.  We will order that you complete the outstanding 80 hours, but you must also serve a 12 month Probation Order and in order to help you with your drink problem it is required that you attend the alcohol study group.  It is absolutely essential that when you are told to attend a meeting you attend it.  If you do not, you will be brought back here, and we are not going to be as lenient as we have been today.

Authorities

Criminal Justice Young Offenders (Jersey) Law 1994.