Jersey Unreported Judgments

[2007]JRC060

ROYAL COURT

(Samedi Division)

12^th March 2007

The Attorney General

-v-

Scott Leonard Furlong

Sentencing by the Superior Number of the Royal Court following a guilty plea to the following charges:

Age:  22

Plea: Guilty.

Details of Offence:

Counts 1, 2 and 3 - whilst drunk, smashed drivers car windows.

Count 4 - whilst under the influence of magic mushrooms picked on a passer-by, followed him through town and assaulted him on Mont Millais, numerous kicks with shod foot to 58 year old victim, injuries not severe.

Count 5 - obstruction, public nuisance.

Details of Mitigation:

Guilty plea - difficult to prosecute without admission.  Family background.  Residual youth.  Apology to the victim.

Previous Convictions:

113 offences over 18 Court appearances, but this first time offence against the person.

Conclusions:

Counts 1, 2 and 3 to run concurrent to each other, but consecutive to Count 4.

Count 5: 1 month's imprisonment on each breach (total 2 months) consecutive with above. 

Total sentence: 3 years' 3 months' imprisonment.

Sentence and Observations of Court:

Long history of offending, failure to comply with non-custodial sentences, victim unable to defend himself, Defendant followed victim for ½ mile, kicked him on the ground.

Conclusions of the Crown granted but all sentences concurrent making a total of 3 years imprisonment.

Total: 3 years' imprisonment.

N. M. Santos-Costa Esq., Crown Advocate.

Advocate L. J. L. Buckley for the Defendant.

JUDGMENT

THE BAILIFF:

1.        This Defendant is a young man of 22 with a long history of offending and of failure to comply with non-custodial penalties.  Indeed, he is to be sentenced for a breach of a Probation Order imposed only ten days before he committed a grave and criminal assault upon a victim who was quite unable to defend himself.  The victim had been followed through the town for at least half an hour before being set upon by the Defendant and kicked whilst on the ground.  It must have been a terrifying experience for him.

2.        In mitigation the Defendant has pleaded guilty to the Indictment.  There is an appalling family background against which the Defendant has grown up.  Indeed, that has led the Probation Officer to prepare a very thoughtful report which asks the Court to consider a package of measures designed to ensure that this Defendant does not continue to offend and can make something of his life.  The Court cannot, against the background of this very serious assault, consider a non-custodial penalty but it is the kind of case where the Court would have wished, had it the power to do so, to impose custody together with a probation order and other related measures.

3.        Furlong, you committed a cowardly and vicious attack upon your victim in circumstances where he had stopped to look after another young man who was lying on the ground.  It was completely unprovoked and it had a serious effect upon him which we hope you will understand.  We want you to understand that if you had not told the worker at the Shelter what you had done, and had not pleaded guilty to the Indictment, we would have imposed a very much longer sentence upon you.  We listened very carefully to the apology, which you instructed your Advocate to give, through the Court, to the victim of this offence, and we are going to mark that by making all the sentences, for which the Crown Advocate has moved, concurrent.  We have to punish you and we hope that you understand why we have to punish you, but we want you to do what you can, while you are in prison, to address some of your problems and to come out and make something of your life.  We do not want to see you again.

4.        The sentence of the Court is that you will be sentenced, as moved for by the Crown, to 1 month's imprisonment on Counts 1-3 of the Indictment, 3 years' imprisonment on Count 4 of the Indictment and the two offences involved in the breach of probation to 2 months' imprisonment, (1 month for each breach), but all those sentences will be concurrent making a total of 3 years' imprisonment.

No Authorities