Jersey Unreported Judgments

[2010]JRC055

ROYAL COURT

(Samedi Division)

12^th March 2010

The Attorney General

-v-

Suna Miah

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

Age:  35.

Plea: Guilty.

Details of Offence:

Miah owed money to an acquaintance, whom he met in the street as he was walking home in the middle of the afternoon.  Miah was at the time carrying a large kitchen knife which he used in the course of his profession. 

An argument ensued between the two men, during which Miah held the other man by his collar with one hand, and the knife in the other.  There was shouting.  Several passers-by and onlookers became fearful as the scene unfolded.  There were children in the vicinity.  Several witnesses noted that it was not the sort of thing that one expects to see on the streets in broad daylight.  The police were called and Miah's acquaintance ran off.  Miah discarded the knife in a bin just prior to arrest.  The arresting officer formed the opinion that Miah was under the influence of a substance other than alcohol.  The other man refused to make a complaint. 

During interview Miah admitted holding the knife while arguing with the other man.  He was sentenced on his version which was in part supported by the witnesses, namely that he did not threaten the other man with the knife, but merely held it against his side.  Miah said that he was holding the knife away from his body so as not to injure himself during the argument. 

Details of Mitigation:

Pleaded not guilty prior to trial.  Some remorse.  Long term heroin addiction.  Had already spent the equivalent of 4½ months in custody whilst on remand. 

Previous Convictions:

15 previous convictions comprising 49 offences, including several assaults and various public order offences, together with many drug related offences. 

Conclusions:

Exclusion order for 6 months from licensed premises holding a 1^st or 7^th category licence.

Discharge of an order made by the Magistrate's Court on 30^th January, 2009.

Forfeiture and destruction of the knife sought.

Sentence and Observations of Court:

No exclusion order or order of forfeiture of knife made.

Discharge of order made by the Magistrate's Court on 30^th January, 2009.

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

Advocate J. C. Gollop for the Defendant.

JUDGMENT

THE commissioner:

1.        Miah has pleaded guilty to an affray involving a scuffle in a public street when he held a knife with a nine inch blade in one hand while with the other hand he held another man with whom he was arguing.  The incident was watched by members of the public who were shocked and put in fear by the spectacle.  The defendant's speech was slurred when he was arrested and the police considered that he was under the influence of some substance but not alcohol. 

2.        The Crown has accepted that when the defendant withdrew the knife from his pocket he did so only to prevent injury to himself.  No threat was articulated against the other man nor was the knife brandished and we are sentencing on that basis.

3.        We take into account the fact that the defendant has already served the equivalent of 4½ months' imprisonment on remand and we think accordingly that the Crown's conclusions are appropriate subject to modifications.

4.        We are going to place you on probation for 1 year subject to the usual condition that you are of good behaviour during that time and that you live and work as directed by the probation officer and conform with all directions that the probation officer gives you.  You will also perform 70 hours' of community service to the satisfaction of the community service organiser and we declare that the equivalent prison sentence is one of 2 months.  We do not propose in all the circumstances accepted by the Crown, to order the confiscation of the knife in that it was not used for a hostile purpose nor do we think that an exclusion order is appropriate on the basis that alcohol was not an element of this offence. 

Authorities

AG-v-Shewan 1999/22.

AG-v-Bree [2005] JRC 177.

AG-v-Skinner [2003] 093A.