Jersey Unreported Judgments

[2010]JRC049

ROYAL COURT

(Samedi Division)

5^th March 2010

Before     :

Sir Philip Bailhache, Kt., Commissioner and Jurats Le Cornu and Nicolle.

The Attorney General

-v-

Jason James Woodward

Ross Scott Buckley

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

Jason James Woodward

1 count of:

Breach of the peace.  (Count 1).

Age:  22.

Plea: Guilty.

Details of Offence:

At 0415 on Sunday 4^th October, 2009, a member of the public phoned the police to report that two men were trying to kick in the door of a flat in Westmount Park.  This is the home address of Michelle Ribeito, Suna Miah and their child, A. 

Woodward and Buckley were both kicking the door.  They were wearing gloves and masks.  One or both of them had stated that they were the police and Ribeiro should open the door.  She did so after putting on the door chain.  Once the door was open she saw the people were wearing masks and gloves and were trying to push the door open.  With the help of Miah she managed to get the door shut.  While this was happening the defendants were saying words to the effect of "Open the door Sly, you're getting it blood, you're getting it."  "Sly" is a nickname of Miah. 

At 0421 Ribeiro called 999 and shortly afterwards police driving to the incident saw a Citroen Saxo leaving Westmount Park.  They followed it along Cheapside, past the Hospital into Gloucester Street, where it stopped near the Opera House.  Buckley and Woodward were in the back seats.  The car was being driven by Katherine Cartwright, who had been called at about 0230 by her friend Kieran Aubert, who was found in the front passenger seat.  He had asked her for a lift home and when she arrived to pick him up he was in the company of Woodward and Buckley.  They asked her to drive to Westmount Park.  All four were arrested, with Cartwright and Aubert being released without charge. 

Forensic examination of the marks left on the door, when compared with the shoes of the defendants, found that there was "very strong support" that they had made the marks. 

In interview Buckley remained largely silent, but denied knowing Mr Miah and stated several times that the allegations were "bullshit".  Woodward gave largely "no comment" responses to questions.  At no point had an explanation been given for why they would threaten the occupants of this flat. 

At the time of this offence Woodward was the sole defendant in the trial of AG-v-Warren and Ors [2009] JRC 234 to be on bail.  The trial proper started on 16^th September, 2009, and he was found guilty of conspiracy to import 180kgs of cannabis on 7^th October, three days after this offence was committed.  On 3^rd December, 2009, he was sentenced to 5 years' imprisonment. 

Details of Mitigation:

Guilty pleas, some allowance for youth.

Previous Convictions:

Previous for breach of the peace.

Conclusions:

Count 1:

6 months' imprisonment.

Sentence and Observations of Court:

Conclusions granted.

Ross Scott Buckley

1 count of:

Breach of the peace.  (Count 1).

Age:  25.

Plea: Guilty.

Details of Offence:

See Woodward above.

Details of Mitigation:

Guilty pleas, some allowance for youth.

Previous Convictions:

Previous drug related offences.

Conclusions:

In light of time spent on remand:-

Count 1:

A 12 month Probation Order.

Sentence and Observations of Court:

Conclusions granted.

R. C. P. Pedley, Esq., Crown Advocate.

Advocate D. Gilbert for Woodward.

Advocate J. W. R. Bell for Buckley.

JUDGMENT

THE commissioner:

1.        This breach of the peace has, in the view of the Court, all the hallmarks of an attempted punishment beating relating to some drug trafficking activity, but whether or not that is right, to bang on the door of a house in the middle of the night with a mask or some other concealment of the face, threatening violence to those inside, is a very serious offence.  We think that generally speaking, a sentence in the region of 12 months' imprisonment would be at the lower end of the scale for this kind of offence. 

2.        We deal first with Woodward.  This offence as far as he was concerned was aggravated by the fact that he was on bail and further aggravated by his drunkenness.  It is only because Woodward is currently serving a sentence of 5 years' imprisonment that we have reached the conclusion that the 6 months sentence moved for by the Crown Advocate is the appropriate penalty for this offence. 

3.        Woodward, the conclusions are granted and you are sentenced to 6 months' imprisonment, that sentence to be consecutive to the sentence which you are currently serving. 

4.        Buckley, we have taken into consideration the fact that you have served the equivalent of 3 months in prison on remand.  More importantly, it seems to us that there is a glimmer of hope that you might be able to turn your life around if you continue to work for your father in his plastering business and achieve some sort of qualification in that field.

5.         We are therefore also going to grant the conclusions of the Crown Advocate in relation to you and you are placed on probation for a period of 12 months subject to the usual conditions that you be of good behaviour during that time, that you live and work as directed by the probation officer and that you complete any courses which the probation officer determines that you should do. 

Authorities

AG-v-Warren and Ors [2009] JRC 234.

AG-v-Carteret [2009] JRC 242.