Jersey Unreported Judgments

[2008]JRC110

ROYAL COURT

(Samedi Division)

11^th July 2008

Before     :

F. C. Hamon, Esq., O.B.E., Commissioner, and Jurats Allo and Morgan.

The Attorney General

-v-

Dan Arisanu

Adrian Sorcoi

Sentencing by the Inferior Number of the Royal Court following guilty pleas to the following charges:

Dan Arisanu

1 count of:	Grave and criminal assault.  (Count 1).
1 count of:	Assault.  (Count 2).

Age:  23.

Plea: Guilty.

Details of Offence:

In the early hours of Saturday 5^th April, 2008, the victims were walking home after a night out when they came across the intoxicated defendants whom one of the victims assumed to be Polish, because he heard them speaking in a foreign language.  The victims struck up a conversation about Poland, but the Defendants said that they were actually from Romania and they began talking about Romania instead.

After an initially lighter hearted conversation Sorcoi suddenly grabbed one of the victims, punched him twice in the face, before putting him in a headlock, punching him twice more in the face and pulling him down onto the floor.  When on the ground, Sorcoi began to wrestle with him.

The second victim tried to pull Sorcoi off her friend.  She asked Arisanu to help her, but instead Arisanu approached the scuffling men and kicked the first victim in the face.  At this point Sorcoi was still holding the first victim on the floor, and he also kicked the first victim to the body.  As soon as Arisanu had kicked him, the second victim tried to push him away at which point Arisanu punched her on her left cheek (Count 2).

The assaults eventually stopped due to the attendance of witnesses, and the defendants fled the scene.  They were however arrested shortly afterwards.

During interview, the defendants accepted full responsibility for their actions despite having been too intoxicated at the time to remember what they did.

The first victim was found to have suffered only minor injuries but needed 4 staples to the back of his head.

Details of Mitigation:

Guilty pleas, youth.

Previous Convictions:

None.

Conclusions:

Count 1:	12 months' imprisonment.
Count 2:	3 months' imprisonment, concurrent.

Total: 12 months' imprisonment.

Recommendation for deportation sought.

Sentence and Observations of Court:

Count 1:	9 month's imprisonment.
Count 2:	3 months' imprisonment.

Total: 9 months' imprisonment.

Recommendation for deportation made.

Adrian Sorcoi

1 count of:

Grave and criminal assault.  (Count 1).

Age:  29.

Plea: Guilty.

Details of Offence:

See Arisanu above.

Details of Mitigation:

Guilty plea.

Previous Convictions:

None.

Conclusions:

Count 1:

12 months' imprisonment.

Recommendation for deportation sought.

Sentence and Observations of Court:

Count 1:

9 month's imprisonment.

Recommendation for deportation made

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

Advocate J. C. Gollop for Arisanu.

Advocate C. Nicolle for Sorcoi.

JUDGMENT

THE commissioner:

1.        Both Arisanu, who is 20, and Sorcoi, who is 29, were very drunk in the early hours of Saturday 8^th April.  The two victims were walking home to Westmount Road, along the sea front.  They met the two defendants and had what can only be described as a friendly and amicable chat.  They walked someway, and when near La Fregate Café, for no apparent reason, the two defendants suddenly turned on the two victims and seriously assaulted both of them, including kicking one of the victims in the head and the body.  The victims apparently did nothing to provoke the two accused.  Passers by tried to help the victims and called the Police and paramedics.  We have seen the injuries in photographs and read the medical reports.  The two defendants stated that they were too drunk to remember the incident.  They were eventually identified using the PROMAT Video Identification procedure. 

2.        Both defendants have been carefully assessed and, although neither has a criminal record, there apparently is a risk of violence, when each man is under the influence of drink.  We have read the well-known case of Harrison v AG [2004] JLR 111, and we have to remember that the assault was both spontaneous and unprovoked and a shod foot was used which, as Whelan has said, can be as dangerous as any other weapon.  The kicks were clearly aimed to cause injury.  It is very fortunate that no substantial injury occurred.  We have to recall that after the initial punch, Sorcoi pulled the victim to the ground and held him there to suffer further kicks.  The victim's girlfriend was also punched in the face while trying to help the victim. 

3.        Both defendants immediately entered guilty pleas and, as we have said, they have no criminal record.  But this is yet another example of totally unnecessary violence in the streets of St Helier fuelled by excessive alcohol.  Fortunately, perhaps, one of the Jurats sat on the case of AG v Passman and Passman [2007] JRC 230, and this was clearly not as serious as the present case.

4.        Arisanu we are going to sentence on Count 1 to 9 months' imprisonment and Count 2 to 3 months' imprisonment, concurrent, a total of 9 months' imprisonment.

5.        Sorcoi we are going to sentence you on Count 1 to 9 months' imprisonment. 

6.        These sentences, for both of you, include the time that you have already spent in custody.

7.        We note that the day before the assault occurred you were both going back to Romania, Jersey not having lived up to your expectations.  You have lost the fare, but apparently you have sufficient funds available to get back.  Nevertheless, in the circumstances, we are going to recommend deportation, neither of you having ties nor dependents in Jersey.

Authorities

Harrison v AG [2004] JLR 111.

Whelan, Aspects of Sentencing.

AG v Passman and Passman [2007] JRC 230.