Jersey Unreported Judgments

[2009]JRC182

ROYAL COURT

(Samedi Division)

11^th September 2009

The Attorney General

-v-

Steven Barwise

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

Age:  35.

Plea: Guilty.

Details of Offence:

The defendant and his girlfriend were going through a rocky period in their relationship.  On the evening prior to the assault, they had been out together separately in town.  In the early hours of the morning, the defendant entered his girlfriend's flat through an open patio window and went to her bedroom.  She woke to find him in her room, and they had consensual sexual intercourse.

Afterwards the defendant became jealous when discussing who she had met the previous evening.    He took her phone and read certain text messages before smashing the phone.  He then "lost it" and grabbed her, throwing her on the bed and holding her tightly by the throat.  A later medical inspection showed that the victim had petechial bruising on her neck which indicated a potentially fatal exertion of pressure.  The defendant admitted slapping the victim in the face several times and said that during a struggle, the victim had also hit her head, sustaining a deep cut over her eye.  The sustained attack lasted between 10 and 15 minutes, with the defendant shouting aggressively at his girlfriend, accusing her of being unfaithful.  He also admitted that he may have kicked the victim.  The defendant then left the house, and another occupant who had heard the attack called the police.  When arrested and interviewed, the defendant said that he had never been so angry.

Despite making a full complaint after the event, the defendant's girlfriend later forgave him and withdrew her statement.

Details of Mitigation:

Guilty plea, remorse, support from girlfriend who is standing by him.

Previous Convictions:

Six previous convictions including one for robbery in 1993, for which he received 6 years detention in a Young Offenders Institution.

Conclusions:

Sentence and Observations of Court:

The Court stated that the withdrawal of the victim's initial complaint did not mitigate the assault and stressed that an assault committed at home within the context of a relationship was just as serious as an assault in a public place.

Whilst the Court felt that the Crown's conclusions were correct, in light of all the circumstances, it felt able to reduce the sentence. 

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

Advocate C. V. E. Benest for the Defendant.

JUDGMENT

THE commissioner:

1.        Barwise has pleaded guilty to committing a grave and criminal assault upon his girlfriend in her own home.  It was a vicious attack after an argument which left the victim bleeding from cuts to the face and deeply bruised, including petechial bruising in the neck which was evidence of pressure sufficient to cause very serious injury.  The accused has candidly admitted that he completely lost his self control.

2.        The victim has withdrawn her complaint and indicated that her relationship with the accused continues.  That does not mitigate the assault in any way.  There is a public interest which requires the Court to demonstrate that domestic assaults of this kind are just as serious, if not more serious, than assaults in a public place.  A woman's home should be a place of safety and security for her. 

3.        In mitigation, so far as this defendant is concerned, he admitted the offence at the first opportunity and pleaded guilty to the charge as soon as it was put.  He has now expressed remorse which, from all the reports, is genuine.  He has produced a number of excellent references from his employer and from colleagues.  His girlfriend has asked the Court to exercise mercy. 

4.        Barwise you acted, as we are sure you know, contemptibly on that occasion.  You have to learn that bullying assaults of this kind, whether committed under the influence of alcohol or not, are completely unacceptable.  We note that you have appreciated that you need help and it is to your credit that you are taking steps, whilst on remand, to seek that help.  We wish to say that the Crown Advocate's conclusions are absolutely correct, and the Court will temper justice with mercy only because your girlfriend has pleaded that she wants to renew her life with you as soon as practicable.

5.        The sentence of the Court is that you will go to prison for 18 months.

Authorities

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

Harrison-v-AG [2004] JCA 046.

AG-v-Le Feuvre [1996] JLR N 9b.