Jersey Unreported Judgments

[2009]JRC024

ROYAL COURT

(Samedi Division)

13^th February 2009

Before     :

J. A. Clyde-Smith, Esq., Commissioner and Jurats Le Breton and Le Cornu.

The Attorney General

-v-

Dale James Brockbank

Daniel Mark Mildren

David Gary Yves Rousseau

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

Dale James Brockbank

First Indictment

1 count of:

Robbery.  (Count 1).

Age:  21.

Plea: Guilty.

Details of Offence:

Count 1: On 9^th August, 2008, a visiting French national ("the victim") who was taking an evening walk was invited to join a group of youths that comprised, amongst others, the three defendants, and who had congregated on top of the Havre des Pas bathing pool. The victim was offered a beer, but was then asked by Rousseau to leave.

As the victim was walking away from the group, he was set upon by all three defendants, and was punched about the head until he fell to the floor.  He was then kicked to the head and restrained whilst Brockbank stole his possessions, which included a pack of cigarettes, £40 and €5 cash, and some keys.  All three defendants, who then ran off, were intoxicated.  Mildren and Rousseau were arrested shortly afterwards in the vicinity of the bathing pool.  Brockbank, who had left the area altogether, was arrested the following day.  The victim suffered abrasions and bruising to his face, his neck, and to his back generally.

Save for Rousseau, the defendants initially denied any involvement in the attack, but on Indictment all three pleaded guilty to robbery by joint enterprise.  However, each defendant sought to minimise his involvement in the robbery and blame the others.  Their remorse expressed at sentencing was therefore questionable.  Brockbank and Rousseau had poor criminal records. 

Details of Mitigation:

Guilty plea.  Youth. 

Previous Convictions:

9 convictions for 22 offences, including 3 for larceny.

Conclusions:

Count 1:

18 months' imprisonment.

Sentence and Observations of Court:

The Court cited Gill with approval in relation to the need for deterrent sentences in cases of violence.  The Court stated that it was intolerable that an innocent visitor to the Island had been treated in the way he was, and reiterated its grave concern regarding violence perpetrated on innocent members of the public.  The Court concluded that there was no alternative but to send the defendants to prison.  Notwithstanding this, the Court gave credit to Mildren for his previous good character.

Conclusions granted.

Daniel Mark Mildren

First Indictment

1 count of:

Robbery.  (Count 1).

Second Indictment

1 count of:

Receiving, hiding or withholding stolen property.  (Count 1).

Age:  20.

Plea: Guilty.

Details of Offence:

See Brockbank above.

Count 2: Whilst Mildren was on bail for Count 1, he received a stolen ladies engagement ring worth £150, which he said that he had intended to give to his girlfriend.

Details of Mitigation:

Guilty plea.  Youth.  Notwithstanding the receiving offence committed while on bail, Mildren had an otherwise clean record.

Previous Convictions:

None.

Conclusions:

First Indictment

Count 1:

18 months' imprisonment.

Second Indictment

Count 1:

4 months' imprisonment, concurrent.

Total:  18 months' imprisonment.

Sentence and Observations of Court:

See Brockbank above.

First Indictment

Count 1:

12 months' imprisonment.

Second Indictment

Count 1:

1 week's imprisonment, concurrent..

Total:  12 months' imprisonment.

David Gary Rousseau

First Indictment

1 count of:

Robbery.  (Count 1).

Age:  22.

Plea: Guilty.

Details of Offence:

See Brockbank above.

Details of Mitigation:

Guilty plea.  Youth.

Previous Convictions:

7 convictions for 23 offences, including 2 larceny offences.

Conclusions:

Count 1:

18 months' imprisonment.

Sentence and Observations of Court:

See Brockbank above.

Conclusions granted.

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

Advocate M. J. Haines for Brockbank.

Advocate S. A. Pearmain for Mildren.

Advocate I. C. Jones for Rousseau.

JUDGMENT

THE commissioner:

1.        We quote from the Judgment of the Court of Appeal in the case of AG-v-Gill [1999] JRC 98 where they said this:-

"In cases of violence whether of assault or robbery or rape or other forms of violence, it is necessary that the punishment ordered by the Court should have an element of deterrence.  Not to deter the offender because it is too late to do that but firstly to deter others who may be tempted to engage in similar violence and to remind them that if they do so they will similarly face long sentences of imprisonment and secondly to show to the community as a whole that violence of this kind is not to be tolerated and will never be tolerated by the Courts of Jersey."

2.        In this case an innocent visitor to the Island enjoying a late night walk was set upon and attacked by the defendants, pushed against the wall, hit around the head, brought to the ground, kicked in the head and then whilst being held down, searched and robbed of what he had, namely cigarettes, £40., €5, 2 cigarette lighters and a set of keys.

3.        The defendants have given differing accounts of the attack in which excessive alcohol consumption played its usual part.  But it was a joint enterprise for which they have all accepted joint responsibility. 

4.        The Court has considered carefully the mitigation available to each of the defendants and the reports represented in respect of each of them.

5.        Brockbank, in your case you have pleaded guilty, you are young but you do not have a good record.  You do however have a good work record.  You have achieved excellent things in sports in particular table tennis and we commend you for that.  We have read your letter and the other letters and references including your letter to the victim.

6.        Mildren, you have pleaded guilty and are young.  You however have no previous convictions although we note that you have re-offended whilst on bail by taking receipt of this ring.  You have a difficult family background but you are now in a stable relationship.  Your girlfriend is expecting a child.  She is in Court and you have the support not only of her but also of her family.  We note your attendance on the Prince's Trust and we have considered your letter and the other letters and references passed to us.

7.        Rousseau, you have pleaded guilty and also are young.  Again, like the first of your co-accused, you do not have a good record.  You do however acknowledge, using your own words, that it is time now to grow up and we applaud you for your efforts to control your drinking and indeed to turn your life around.  We have considered also the letters and references passed to us in relation to yourself. 

8.        We have considered the authorities put forward and the submissions of all three Counsel but conclude that the conclusions of the Crown with one exception must be granted.  It is intolerable that innocent members of the public should be subjected to unprovoked violence of this kind and notwithstanding the tragic consequences to you and to your families, your partners and friends, we have no alternative other than to impose custodial sentences.

9.        Brockbank, you are sentenced to 18 months' imprisonment.

10.      Mildren, in our view credit must be given to you for the fact that you are of previous good character and that needs to be reflected in the sentence imposed upon you.  Therefore in relation to the First Indictment you are sentenced to 12 months' imprisonment.  In relation to the Second Indictment, the account of receiving, you are sentenced to 1 week's imprisonment to run concurrently.

11.      Rousseau, you are sentenced to 18 months' imprisonment.

Authorities

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

AG-v-Gill 1999/98.

Harrison-v-AG [2004] JLR 111.

AG-v-Whiteley 1998/126.

Attorney General's Ref: No's 4 and 7 of 2002 (2002) Cr. App R. (S) 77.