Jersey Unreported Judgments

[2009]JRC006

ROYAL COURT

(Samedi Division)

9^th January 2009

The Attorney General

-v-

Paul Samuel Thomson

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

Age:  39.

Plea: Guilty.

Details of Offence:

In March 2008, Thomson attended a house party with various people, including the three victims.  All the men stayed overnight, and in the morning everyone was asked to leave because of the mess.  Thomson had been drinking. He went outside with a friend, who had been in charge of the party, to try to get the three victims to contribute some money to clean up costs. 

Thomson then challenged the three men to a fight and without warning, he head butted the first victim causing an injury to his nose and making him fall to the ground (Count 1).  Thomson then grabbed the second victim by the hair and pulled him to the ground, where he kicked him four times around the head, then threw several punches which did not connect.  There were no visible injuries (Count 2).  Finally, as Thomson went to leave, he pushed the third victim against a wall, causing him to graze his hand and twist his knee (Count 3). 

The Police were called to the house, and when they arrived Thomson tried to run away before being pointed out by the victims.  On arrest Thomson maintained that he had been defending himself and did not feel any remorse for his actions. 

Details of Mitigation:

Guilty Pleas.  Low risk of re-offending.  A good record of service in the army and French Foreign legion, with recommendations.  A strong work ethic and the support of his employer. 

Previous Convictions:

4 convictions for 8 previous offences, including 2 assaults in 1992.

Conclusions:

Total: 20 months' imprisonment.

Sentence and Observations of Court:

The Court concluded that the Crown's conclusions were understandable and correct.  However, in light of the mitigation, especially the good service and work records, the Court felt able to order the community based alternative to 18 months' imprisonment, namely:-

Total: 240 hours' Community Service Order.

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

Advocate C. M. Fogarty for the Defendent.

JUDGMENT

THE BAILIFF:

1.        Thomson, these were unprovoked attacks upon these men in the early hours of the morning.  Fortunately you caused no serious injury to them, but to attack a man when he is on the ground is the kind of conduct which almost invariably leads the Court to impose a custodial sentence.  We think that the conclusions of the Crown Advocate are entirely understandable and absolutely right.

2.        We are in fact going to accept the submissions of your Advocate and we are going to take an alternative course for two reasons.  First, because we want to acknowledge the fact that you have a good record in terms of service in the Army and your service in Kosovo and you behaved with distinction in that theatre, and secondly we have taken account of the fact that your employment and your efforts to improve yourself by training would be destroyed if we were to send you to prison.  We have nonetheless to punish you and we are going to impose a Community Service Order. 

3.        We are going to order you to do 240 hours of Community Service in respect of the serious offences which you have admitted and the alternative, if you do not complete that Community Service to the satisfaction of the Community Service Organiser, is a sentence of 18 months' imprisonment.  We will impose a sentence of 240 hours' of Community Service on the 2 Counts of grave and criminal assault, Count 1 and Count 2 and a sentence of 60 hours' Community Service on Count 3 on the assault, all those sentences to be concurrent, making a total of 240 hours' Community Service.

Authorities

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

Harrison -v-AG [2004] JLR 111.