[2009]JRC021
ROYAL COURT
(Samedi Division)
(Exercising the appellate jurisdiction conferred on it by Article 22 of the Court of Appeal (Jersey) Law, 1961).
10th February 2009
Before : |
Sir Philip Bailhache, Kt., Bailiff, and Jurats Le Brocq, Le Breton, Clapham, Morgan and Newcombe. |
Christopher Michael Rowe
-v-
The Attorney General
Appeal to the Superior Number of the Royal Court, against sentences passed by the Inferior Number on 15th December, 2008, following conviction on:
First Indictment
1 count of: |
Grave and criminal assault. (Count 1). |
Second Indictment
1 count of: |
Obstructing a police officer. (Count 1). |
Advocate S. E. Fitz for the Appellant.
Advocate A. D. Robinson Esq., Crown Advocate.
JUDGMENT
THE BAILIFF:
1. Christopher Rowe appeals against a sentence of 18 months' imprisonment imposed for a grave and criminal assault committed upon the victim in this case. The facts in brief were that the appellant approached the victim and two others during the early hours of the morning seeking directions. Shortly after he was followed by the victim who had separated from his companions. The sentencing Court accepted that there was a measure of provocation from the victim, both verbal and physical, in that the appellant was shouted at and pushed. The appellant lost his temper and punched the victim to the ground. As the victim got up he was punched three or four more times. The appellant threatened that he would kill the victim if he got up again. He then made off.
2. The effects upon the victim were substantial. He suffered a dislocated shoulder and a fracture to the cheek bone. In addition he had severe bruising to one eye which was completely closed and two overlying lacerations to the skin. The victim was fifteen years older than the appellant and out of condition. By contrast the appellant was fit and strong, he had been in the army and had recently been employed as a bodyguard. He conceded that the victim did not constitute any kind of threat to him. The victim impact statement showed that the victim is now reluctant to walk through the town on his own in the evening and he goes out less than before. His self-confidence has been affected.
3. The appellant had powerful mitigation available to him. He was co-operative with the Police and he pleaded guilty to the Indictment at the first opportunity. He was treated as a first offender. He has a very creditable military record. Counsel for the appellant has submitted that the sentence of 18 months' imprisonment was manifestly excessive in all the circumstances. She powerfully made a number of points which the Court has carefully considered. Counsel accepts that it is not for this Court to substitute its own view for that of the court below. As the Crown Advocate reminded us the principles have been stated on many occasions. In AG-v-Gorvel [1973] JJ 2503 the Court of Appeal stated:
"the practice of this court in considering appeals against sentence is to change a sentence only if satisfied that it is either manifestly excessive in the circumstances of the case or for some reason wrong in principle."
And in Morgan-v-AG [2001] JLR 225 the Court stated:
"it is not the function of this Court to tinker with sentences which were well within the range open to the sentencing court simply because we might ourselves have fixed a lower level of imprisonment."
4. The Court has had a lengthy discussion, no doubt on very similar lines to the discussion which took place before the Inferior Number. It is unfortunate that a first offender such as the appellant should find himself in the position he now is. He was, however, to some degree under the influence of alcohol and, having lost his self control, he did cause very serious injuries to the victim in this case. All the points made by Counsel for the appellant were urged upon the Inferior Number and having weighed matters in the balance, the sentencing court imposed a sentence of 18 months' imprisonment. We cannot find that that sentence is in any way manifestly excessive.
5. The appeal is accordingly dismissed.
Authorities
AG-v-Gorvel [1973] JJ 2503.