Jersey Unreported Judgments

[2009]JRC183

ROYAL COURT

(Samedi Division)

11^th September 2009

The Attorney General

-v-

Brett Willoughby

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

Age:  21.

Plea: Guilty.

Details of Offence:

Defendant committed an assault (Count 1) and a grave and criminal assault (Count 2) on his mother's partner in the public streets of St Helier.  He punched him first to the face without provocation, causing a cut to his left eye.  Some ten minutes later the defendant ran up behind the victim and hit him to the back of the head.  The force of the blow knocked him to the floor whereupon the defendant kicked him to the head.  The victim sustained various cuts and bruises and may have been knocked unconscious.  His hearing aid was broken.

Details of Mitigation:

Pleaded guilty at first opportunity.  Some remorse.  Good work record.  Upset about mother's new relationship causing the break-up of his parents' marriage and his stable family unit.

Previous Convictions:

None.

Conclusions:

Total: 12 months' youth detention.

Compensation of £1,300 ordered to be paid at £100 per week, or 6 months' youth detention in default, sought.

Sentence and Observations of Court:

Total: 180 hours' Community Service Order or 12 months' youth detention in default.

Compensation of £1,300 ordered to be paid at £100 per week, or 6 months' youth detention in default, ordered.

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

Advocate I. C. Jones for the Defendant.

JUDGMENT

THE commissioner:

1.        Willoughby, to kick a man in the head when he is on the ground is a very serious offence indeed and almost inevitably leads to the imposition of a custodial sentence.  To kick a man like that is capable of causing, as I am sure you must realise, very serious injury.  Indeed you can kill a man in that way.  We have taken careful account of all the circumstances of this case and we want to tell you that we understand why you felt the way that you did, but we also want to say that you cannot take the law into your own hands in this way.

2.        The probation officer tells us that you are at a low risk of re-offending.  You have not been in trouble before, you have plans to join the army and we are conscious of the fact that if we send you to prison that will probably be the end of any such plans.  We are not going to do that.  We are going to take the view that the legislature requires us not to impose a custodial sentence on a young offender unless it is absolutely essential, and we think we can avoid it in this case.

3.        We are going to order you to perform 180 hours of community service, which is the equivalent of 12 months' youth detention.  We are also going to make a compensation order ordering you to pay £1,300 to Mr Stephen Kivlin to compensate him for his broken hearing aid, and you will pay that at the rate of £100 per week.

Authorities

Criminal Justice (Young Offenders)(Jersey) Law 1994.

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

Harrison-v-AG [2004] JCA 046.