Jersey Unreported Judgments

[2008]JRC194

ROYAL COURT

(Samedi Division)

14^th November 2008

The Attorney General

-v-

Isatou Saidy

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

First Indictment

Second Indictment

Age:  31.

Plea: Guilty.

Details of Offence:

First |ndictment

Saidy assaulted her former partner by threatening him with a broken bottle.  She had been heard to say earlier that day that she intended him harm.  Her anger towards him stemmed from the fact that he had ended their relationship in order to have the care of their 18 month old son.  Saidy was unable to have the care of the child because she could not cope and also had a history of mental health problems.  The Crown chose to accept the defence version of the facts so as to avoid a Newton hearing which it was felt would not have been in the public interest.  Saidy was sentenced on the basis that when she came upon the victim in St Saviour's road, he attacked her first and she retaliated by picking up a broken bottle and threatening him with it.  She chased him along the street and he took refuge in his sister's home nearby from where he called the Police.  He was not injured.  The incident occurred in a busy place in broad daylight.

Second |ndictment

Saidy had needed to be taken into Police custody for her safety.  She had been acting strangely and was found wandering in the streets and causing traffic to stop.  When Police Officers tried to escort her to the Police van, she bit one of them on the arm, breaking the skin and causing it to bleed.  This offence was aggravated by the fact it was committed whilst on bail just days after her original Indictment.  It was also aggravated by the fact that she refused to give a blood sample so as to rule out the possibility of viral infection.  The officer would have to wait for 3 months for test results to confirm the position.

Details of Mitigation:

Saidy was a first offender.  She pleaded guilty although she had required evidence to be heard to establish breaches of bail concerning the requirements for her to stay away from her former partner's home in St Saviour's road.  Her mental health problems were worsened by taking cannabis and spice, the former of which she stated she intended to continue to use.  She was of very low intelligence and ill-educated being unable to read or write.  She had a number of children, none in her care, of which 2 resided in Jersey.  She came to live in Jersey in 2002 from the Gambia where she had met her then husband who was from Jersey.  Unusually, the Social Enquiry Report endorsed a term of imprisonment because Saidy herself wished to stay in prison, where she had been since breaching bail, because she felt safe there.

Previous Convictions:

None.

Conclusions:

First Indictment

Starting point 2 years' imprisonment.

Second Indictment

Starting point 2 years' imprisonment.

Total:  24 months' imprisonment.

Sentence and Observations of Court:

The Court had to sentence Saidy on her version of events and it concluded that the sentence sought by the Crown on the first offence was too high.  It reduced the sentence to one of 6 months' imprisonment.

The Crown's conclusions on the second offence were adopted.  The Court was particularly troubled by her refusal to help the Police Officer by giving a blood sample.  Saidy received a consecutive sentence of 12 months' imprisonment, the Court noting the Reports suggested no other alternative.

First Indictment

Second Indictment

Total:  18 months' imprisonment.

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

Advocate E. Le Guillou for the Defendant.

JUDGMENT

Commissioner:

1.        The defendant was born and grew up in Gambia.  She has had no education and is unable to read and write.  She cannot tell the time and her intelligence is limited.  She has had seven children, four of whom live in Gambia, one in England and two in Jersey, one of whom is in care and the other is in the care of the father, Joao Castro, who is the victim of the grave and criminal assault under the First Indictment.  She has a history of mental ill-health, her previous diagnosis includes schizophrenia.  Dr Harrison, the consultant psychiatrist, tells us that her symptoms are precipitated by the abuse of drugs, specifically spice and cannabis.  When drug-free, her mental state improves and symptoms dissipate.  He says her presentation is complicated by her tendency to relate strange pseudo-psychotic phenomena.

2.        The Prosecution wish to avoid a Newton Hearing and thus we have to sentence on the factual basis put forward by the defendant.  Following the break-up of her relationship with the victim,  which led to a loss of contact between her and her child, she threatened to kill him with a knife in the presence of a third party, an act she said she would never have carried out.  Following an incident initiated by the victim, she threatened him in St Saviour's road with a broken bottle and kicked him, chasing him down the road where he sought refuge in his sister's house and called the Police.  On arrest she confirmed that the victim had destroyed her life and that she wanted to kill him, something she later said she did not mean. 

3.        Subsequently when on bail, the defendant was reported to be acting in a bizarre manner at a road junction talking to her grandfather in the sky.  She was agitated and confused.  The Police decided to remove her as she was a danger to herself and others.  She began to struggle and bit PC Latham on the lower arm, breaking the skin.  He will not know whether she has passed any viral infection for some three months, following blood tests on himself.  The defendant has refused to give a blood sample, something which would enable his mind to be put at rest.  She has cultural issues in this respect but this is no comfort to PC Latham and the Court has a concern on his behalf.  The situation is certainly very regrettable.

4.        It is clear that, ordinarily, the Courts take a strict view of assaults by biting with three years being considered as the minimum, see Whelan on Sentencing paragraph 7-10 to 7-12.  The Probation Department advise that the defendant is unlikely to be able to keep to the terms and conditions of a community penalty particularly if she resumes her cannabis use, something that she has stated she intends to do and it is certainly the case that she has repeatedly breached the terms of her bail.  Such an order would be setting her up to fail.  In any event she does not consent to such an order as she is adamant that she wishes to stay in prison where she says she feels safe, certainly until she is mentally stronger.  The Probation Department have taken the unusual step therefore of suggesting, supported by her counsel, that we should agree with her.

5.        Applying the criteria in Harrison-v-AG [2004] JLR 111 and the factual basis put forward by the defendant, we regard the sentence sought by the Crown under the First Indictment as being too high but we accept the conclusions in respect of the Second Indictment.  Conduct of that kind, involving a Police Officer is unacceptable, particularly when the Police were trying to assist the defendant and the Court wishes to make it clear that assaults on Police Officers will always lead to serious penalties.

6.        On the First Indictment you are sentenced to 6 months' imprisonment, and on the Second Indictment you are sentenced to 12 months' imprisonment, consecutive which makes a total sentence of imprisonment of 18 months.  We would like to endorse the comments made by the Prosecution that we hope that your time will be used constructively in prison and we take comfort from the fact that we know you are in good hands.

Authorities

Whelan on Aspects of Sentencing in the Superior Court of Jersey.

Harrison -v- AG [2004] JLR 111.