Jersey Unreported Judgments

[2007]JRC147

ROYAL COURT

(Samedi Division)

27^th July 2007

The Attorney General

-v-

Steven Boyd O'Donnell

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

Age:  39

Plea: Guilty.

Details of Offence:

Forced his way into former girlfriend's flat while drunk and under the influence of an ecstasy tablet.  The former girlfriend and the victim were in a situation of sexual intimacy.  While the victim was naked and supine the accused stood over him and kicked him some seven times in the face, head and upper body.  The victim was hospitalised for four days with severe bruising and swelling, but no long term physical consequences

Details of Mitigation:

The former relationship was long-term, the couple had a child.  The accused lost control at witnessing his position usurped.  There had been reconciliation by the time of the hearing and the girlfriend was supportive.  She was expecting the accused's child.  He was a good father and provider.  Guilty plea.  Remorse.  Good work and social references.

Previous Convictions:

Several for less serious violence but a six year gap in the record.

Conclusions:

Sentence and Observations of Court:

C. E. Whelan, Esq., Crown Advocate.

Advocate R. J. Macrae for the Defendant.

JUDGMENT

THE BAILIFF:

1.        This Defendant is to be sentenced for a grave and criminal assault upon the lover of his former girlfriend.

2.        The Defendant had separated from his girlfriend and, late one night, broke into the flat where they had lived and found her engaged in an act of sexual intimacy with the victim who was naked on a sofa.  The Defendant lost control and there followed a vicious attack upon the victim during the course of which up to seven kicks were delivered to the head, face and upper body.  The Defendant was drunk and had taken an ecstasy tablet.  The victim was detained in hospital for four days for treatment for severe bruising and swelling to the head and face and for other medical investigations.  Fortunately, no long term physical injury was caused, although there may have been psychological effects.  The Court has not, however, received a victim impact statement.

3.        O'Donnell you understand, we are sure, that you deserve to go to prison.  Those who commit assaults of this kind almost invariably receive custodial sentences.  You have escaped prison, so far as we are concerned, by a whisker.

4.        We are not going to impose a prison sentence because we recognise the circumstances in which the offence was committed, although that does not excuse what you did.  You are fortunate that no long term damage was caused to the victim and we accept your remorse as expressed to us in your letter.  We accept the value of your guilty plea and your immediate acceptance of wrongdoing.  We are also going to accept the advice of the Probation Officer that the courses which you will be required to attend should help you to learn self control and that will be in both your and the public interest.  However, we are also going to punish you, as we must, and we are going to impose the maximum amount of community service available to us.

5.        We accordingly place you on probation for 3 years, subject to the usual conditions that you live and work as directed by your Probation Officer, that you undergo any courses that you may be required to do and you must understand that, if you are in breach of your probation order and are brought back before this Court, then you will be liable to be punished again for this offence and it is highly likely that you will receive a custodial sentence.  We are also going to order you to do 240 hours of Community Service to the satisfaction of the Community Service organiser and we declare that the alternative to that sentence is 18 months' imprisonment.

No Authorities