Jersey Unreported Judgments

[2008]JRC101

ROYAL COURT

(Samedi Division)

20^th June 2008

The Attorney General

-v-

Hilario Silva Oliveira

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

Age:  36.

Plea: Guilty.

Details of Offence:

Accused intervened in a fracas in a town restaurant to help a friend and when grabbed by the victim responded by stabbing him once in the chest with a knife from a nearby table.  The defence insisted it was a table knife with a rounded end (which the Crown accepted as there was no evidence to prove whether it or a steak knife had been the weapon).  Considerable force must have been used in that event because it had penetrated a heavy outer jacket and a garment beneath it.  It was an offence on the spur of the moment with no premeditation or previous history of antagonism.  The accused was sober at the time.  He fled the scene.  The injury was minor comprising a superficial wound.  No particular aggravating features.

Details of Mitigation:

Plea of guilty.  First offender.  Happily married with young child.  Good character references and employment history.  Reports before the court showed him to be remorseful as well as suffering badly from stress stemming from the incident as well as other personal financial problems due to an injury at work (labourer on a building site).  Concern expressed regarding the effect that a prison sentence would have on him.

Previous Convictions:

None.

Conclusions:

Starting point 3 years' imprisonment.

Sentence and Observations of Court:

After anxious consideration, the Court granted the Crown's conclusions which it said took full account of the available mitigation.  It was a stabbing to the chest with considerable force and the victim was fortunate not to have suffered serious injury.

A. D. Robinson, Esq., Crown Advocate.

Advocate E. J. Le Guillou for the Defendant.

JUDGMENT

THE BAILIFF:

1.        As will be evident from the length of time during which the Court has retired, we have given this case very anxious consideration indeed.  At the end of the day, however, this defendant picked up a knife in the heat of the moment and used it to stab the victim in the chest with considerable force.

2.        It is fortunate that the man was wearing a thick jacket and that no serious injury resulted.  We have considered carefully all the factors in AG v Harrison [2004] JLR 111 and we have taken into consideration the many mitigating circumstances including the guilty plea and the previous good character which defence counsel very ably put before us.

3.        We think that all those factors have been taken into account by the Crown Advocate in his conclusions.  The conclusions are granted and the Court sentences you to 12 months' imprisonment.  We hope that while you are in prison you will take advantage of the assistance which is available to help you with the different problems which you have.  With that help we are confident that you will overcome them.

Authorities

AG v Harrison [2004] JLR 111.