Jersey Unreported Judgments

[2010]JRC188

ROYAL COURT

(Samedi Division)

15^th October 2010

The Attorney General

-v-

Scott Wayne Batchelor

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

Age:  26.

Plea: Guilty.

Details of Offence:

On the afternoon of 28^th May, 2010, the defendant left the home he shared with his pregnant fiancee, Rebecca Willgrass.  Also living at the address were their two small children and Ms Willgrass' two children from a previous relationship.  He later telephoned Ms Willgrass to say he would be home soon but when he did not appear for some considerable time she texted him.  He did not respond so she assumed he was out for the night and went to bed. 

At around 2am she was woken by the defendant shouting outside the window yelling "Rebecca, Rebecca, open the fucking front door or I'm going to get arrested".  He sounded drunk and angry and Ms Willgrass was scared.  She refused to open the door as she feared for her own and her childrens' safety.  The defendant continued to shout so Ms Willgrass called the police.  As she was on the telephone the defendant picked up a piece of paving slab and threw it through the living room window, knocking over the television and causing glass to shatter over the room.  The property belongs to the Housing department (Count 1). 

When the police arrived the defendant walked in front of the vehicle towards the driver's side window.  He held a piece of broken glass to his neck and shouted "What are you going to do about it?" and "go on, spray me then".  PC Abreu approached the defendant from behind and held his arm to prevent him using the glass on himself.  The defendant flung himself backwards, causing PC Abreu to fall into the side of a parked car.  Both officers shouted "drop the glass" and PC Abreu continued to pull the defendant's hand away from the defendant's face.  As the other officer held the defendant's head PC Abreu felt the force of the defendant's arm change and found the piece of glass pointing directly towards his eye, about an inch away from his face.  PC Abreu thought that the defendant was going to stab him (Count 2).  The officers however managed to pull the defendant's arm away. 

The defendant was restrained and handcuffed.  He continued to resist and was placed with difficulty into the cage in the back of the police van.  He remained non-compliant through the detention procedure and had to be forcibly taken to a cell by four officers. 

In interview the defendant initially claimed he was unable to recall the incident and said he was sceptical about the officers' accounts.  However, he later admitted holding the glass to his face with the intention of causing self harm.  He maintained that he had no intention of harming PC Abreu but admitted that he was reckless as to whether the officer might be injured.  He admitted to throwing the paving stone out of frustration. 

Breach offences

In the early hours of the morning of 6^th March, 2010, police officers attended a disturbance in James Street.  The defendant, who was drunk, shouted obscenities at the officers.  He was arrested and taken to Police Headquarters where he was told that he would not be able to see the Doctor until the morning.  He then threw a cup of water through the hatch of his cell at PS Payne, saturating his sweater.  A 12 month Probation Order was imposed by the Magistrate on 16^th April, 2010, in relation to one charge of drunk and disorderly and one charge of common assault. 

The defendant was assessed as at high risk of re-offending. 

Details of Mitigation:

Guilty plea; no intention to injure the officer; suffers from depression and anxiety; history of substance abuse and self harm. 

Previous Convictions:

Ten convictions for twenty offences.

Conclusions:

Breach of probation:  3 months and 2 weeks' imprisonment, consecutive.

Total:  21 months' imprisonment. 

Sentence and Observations of Court:

Breach of probation:  3 months' and 2 weeks' imprisonment, concurrent. 

Probation Order discharged. 

Total:  18 months' imprisonment. 

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

Advocate D. A. Corbel for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        The defendant has pleaded guilty to committing a grave and criminal assault on a police officer on the basis of recklessness and to a charge of malicious damage.  He is also in breach of a Probation Order imposed in April of this year for being drunk and disorderly and for an assault on a police officer. 

2.        The defendant is assessed at a high risk of re-offending; he has a bad record and this is his eighth appearance before the Court for offences where excessive alcohol use has featured as a precursor to aggressive and violent behaviour.  He has a history of substance abuse which, in the opinion of the Probation Department, has undoubtedly affected his mental stability.  He has been signed off from work for anxiety for many years. 

3.        The Crown has applied the factors listed in Harrison-v-AG [2004] JLR 111 and taking into account his guilty plea and the background report, moves for a total sentence of 21 months' imprisonment for all of these offences. 

4.        In terms of mitigation we have considered carefully everything counsel has most ably put forward; we have considered your letter, that of your partner, and the background report.  We note that you have two young children and that your partner is expecting your third child very shortly.  These factors are not, of course, mitigating factors; they are matters that you should have taken into account before offending. 

5.        In our view these offences are too serious to justify a non-custodial outcome, as the Deputy Bailiff said in the case of AG-v-McDougal [2010] JRC 072:-

"Police officers are doing their duty attending at the scene and they are entitled to expect those who assault them will be dealt with severely by the Courts."

6.        We are therefore going to grant the conclusions of the Crown but, having regard to the totality of the sentences we are going to make all of the sentences concurrent. 

7.        On the Indictment for Count 1 you are sentenced to 18 months' imprisonment, on Count 2; 2 months' imprisonment.  In relation to the breach of probation; for the charge of drunk and disorderly to 2 weeks' imprisonment and for the assault to 3 months' imprisonment, all to run concurrently, making a total of 18 months' imprisonment. 

8.        We discharge the Probation Order. 

Authorities

Harrison-v-AG [2004] JLR 111.

AG-v-McDougal [2010] JRC 072.

De la Haye-v-AG [2010] JCA 092.