Jersey Unreported Judgments

[2007]JRC105

ROYAL COURT

(Samedi Division)

25^th May 2007

The Attorney General

-v-

Djilali Vattier

Sentencing by the Inferior Number of the Royal Court, to the following:

Age:  24.

Plea: Guilty.

Details of Offence:

On 20^th December, 2006 Police attended outside Chambers, in Mulcaster Street, St Helier, where a male had become aggressive following his ejection from the premises.  As he refused to calm down and leave the area, he was arrested for refusing to obey and was dealt with separately.

A friend of the male, Vattier, intervened and attempted to pull him away from the Officer.  Vattier had to be restrained and was arrested for obstruction.  (Count 1).

As the Officer was trying to apply handcuffs to Vattier, he bit the Officer's finger causing it to bleed.  (Count 3).

Vattier's aggressive behaviour caused the Officer to fear for his safety so that two more Officers had to help place Vattier on the ground to be handcuffed. Throughout the procedure Vattier continued to shout and to struggle violently against the Officers.  (Count 2).

After eventually being placed in the police van, Vattier became very quiet so an Officer decided to check on his welfare.  As the Officer entered the cage, Vattier kicked out at the officer, and once restrained, again he bit an Officer's right leg, through his trousers causing an injury.  (Count 4).

The offences were aggravated by Vattier's high level of intoxication and by the fact that the victims are two Police Officers who were in the exercise of their duty.

Details of Mitigation:

Early guilty pleas, residual youth, prompt and full admissions, co-operative with investigating officer, expressed remorse.

Previous Convictions:

No previous convictions in Jersey but French criminal record shows 7 previous convictions for 11 offences of which 3 violence against the person.

Conclusions:

Recommendation for deportation.

Sentence and Observations of Court:

Serious assault on Police Officers in the exercise of their duty.

Defence Counsel said all that could possibly be said in mitigation.

Conclusions granted: 18 months' imprisonment.

Recommendation for deportation made.

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

Advocate A. J. Clarke for the Defendant.

JUDGMENT

THE BAILIFF:

1.        This defendant has pleaded guilty to two grave and criminal assaults upon police officers acting in the course of their duty.  He bit one officer on the finger and shortly after he bit another officer on the leg causing unpleasant and painful injuries.  He was very drunk which is an aggravating feature.

2.        In mitigation the defendant is still a young man.  He has admitted the offences at the first opportunity and he has expressed his remorse which we accept is genuine.  He does not have a particularly good record, having a number of convictions in France and in particular having been convicted of two offences involving violence, although counsel has explained that they were relatively minor matters.

3.        Assaults on police officers in this Island will not be tolerated by the Court.  Biting officers and breaking the skin carries the additional risk of serious infection.  The Court wishes to repeat that such assaults will inevitably attract custodial sentences. 

4.        We have given very careful consideration to all the points made by defence counsel who has said everything, that could be said, on behalf of the defendant.  So far as Gerault is concerned he was, as we understand, charged with less grave offences and he may well be brought to justice in the future.

5.        We think that the Crown Advocate has given proper weight to all the mitigating circumstances and the conclusions are accordingly granted.

6.        On Count 1; you are sentenced to 3 months' imprisonment, on Count 2; 3 months' imprisonment, on Count 3; 9 months' imprisonment, and on Count 4; 18 months' imprisonment, all these sentences to run concurrently, making a total of 18 months' imprisonment. 

7.        We will also recommend to the Lt Governor, having applied the test set out in R- v- Nazari [1980] 3 All ER 880, that you are deported to France at the conclusion of your sentence.

Authorities

R- v- Nazari [1980] 3 All ER 880.