Jersey Unreported Judgments

[2008]JRC063

ROYAL COURT

(Samedi Division)

18^th April 2008

The Attorney General

-v-

Sean Craig Trow

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

Age:  32.

Plea: Guilty.

Details of Offence:

Trow had got drunk and approached Mr Caires outside the Africa Public House to talk to him.  Mr Caires moved away.  Trow staggered into the road and stood in front of cars and tried to talk to a driver.  The traffic was slow moving.  Trow then approached Mr Caires again then pushed him four times to the chest/shoulder area and punched him once to the face.  He caused no injuries.  The police were called.  Trow walked off in the direction of James Street.  During the arrest process when Trow was being pushed against a wall and with his back to the officers, he moved his head back and it connected with PC Holmes' face, causing redness.

Details of Mitigation:

The injuries were very minor and Trow apologised immediately.  He is an alcoholic who is attempting to recover but relapsed due to his young daughter's illness (leukaemia).  He assists the child's mother with her care.  Since the offence he has been attending at the Alcohol and Drug Service to take Antabuse on a supervised basis and at the weekends, his partner supervises it.

Previous Convictions:

Many previous instances of assault including assault on police but all at Magistrate's Court level.

Conclusions:

Breach of Probation: 18 months' Probation Order with a 6 month Treatment Order, concurrent.

Total: 18 months' Probation Order with a 6 month Treatment Order, concurrent.

Sentence and Observations of Court:

Breach of Probation: 120 hours' Community Service Order, concurrent and 18 months' Probation Order with 6 month Treatment Order.

Excluded from licensed premises which hold 1st and 7th Category licenses for 6 months.

Discharge existing Probation Order imposed by the Magistrate's Court.

Total: 120 hours' Community Service Order, or 6 months' imprisonment in default. 18 months' Probation Order with 6 month Treatment Order and 6 month exclusion from 1^st and 7^th Category licensed premises.

The Court were just persuaded not to impose a custodial sentence by Mr Gafoor's recommendation, because the Antabuse was being taken in a controlled manner and because Trow's daughter needed him.  The really was Trow's last chance and he was extremely fortunate not to be going to prison today.

R. C. L. Morley-Kirk, Crown Advocate.

Advocate D. S. Steenson for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        Trow, you have pleaded guilty to two counts of assault and one count of conduct likely to cause a breach of the peace, all arising out of an incident on 6^th November.  These offences placed you in breach of probation orders made on 23^rd October for similar offences.  It is quite clear that you have an addiction to alcohol and that when you are drunk you behave in an aggressive manner.  Until you deal with your drinking problem you are likely to find yourself appearing before the Court again.

2.        Given the number of chances you have had from the Magistrate's Court one would expect a prison sentence to be imposed today.  However, the reports from the Probation Service and the Alcohol and Drugs Service recommend a treatment order and the Crown have endorsed this suggestion.  We have had to consider very carefully whether it is the right thing to do, because you have had numerous chances and you have thrown them away.

3.        In the end we have been persuaded by three particular things.  First of all, the report of Mr Gafoor from the Alcohol and Drugs Service; the fact that he has recommended continuation in all the circumstances has carried weight with us.  Secondly, there is the fact that you are now on Antabuse in a controlled manner and this really does offer prospects of trying to deal with your alcohol problem.   Thirdly, and equally importantly, there is the fact that your daughter needs you.

4.        We have only just been persuaded that we can proceed by way of a non-custodial sentence, but you do have to be punished, and we do not think that the Crown's conclusions take sufficient note of that. 

5.        We are going to place you on probation for 18 months, concurrent on all the charges and for the breach offences, and we are also going to impose a Treatment Order.  That is an Order that you must attend the Alcohol and Drugs Service as directed for 6 months.  We are also going to make an exclusion order so that you cannot go into any 1^st or 7^th Category premises for 6 months.  That is intended to help you by ensuring that you do not go into pubs and be tempted to drink, and to help the community by trying to ensure that you do not then come out and assault people.

6.        By way of punishment we are going to impose a Community Service Order of 120 hours, concurrent on all charges and we say that is equivalent to 6 months' imprisonment, which is the sentence we would have imposed had we decided to send you to prison.

7.        You must understand this really is your last chance.  You are extremely fortunate that you are not going to prison today.  If you do commit any further offences like this, or if you do not comply with the terms of the Probation Order, or the Community Service Order, you will be back here and you will then go to prison.

No Authorities