Jersey Unreported Judgments

[2011]JRC025

ROYAL COURT

(Samedi Division)

28^th January 2011

The Attorney General

-v-

William Brown Lockhart

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

Age: 46.

Plea: Guilty.

Details of Offence:

The defendant had been drinking during the day.  He returned home to his flat in the evening intoxicated following a row with his girlfriend.  The neighbour in the adjacent flat was carrying out work on it with a friend.  The defendant, who was not at that time known to either men, held a large machete style knife (approximately 2 foot in length) waved it around and shouted at the victims to "Stop drilling or I will cut your throats".  Whilst in the flat the defendant swore and shouted at the men and on approximately four occasions threatened to cut the men's throats. 

As a result of the defendant's actions, damage was caused to the front door, hallway walls and the uninstalled kitchen unit.  The estimated cost in repairing the damage was £50. 

Details of Mitigation:

Early guilty plea; remorse, good character, issues with depression and mental health; impact of diabetes diagnosis and related issues on his drinking and behaviour. 

Previous Convictions:

None relevant. 

Conclusions:

Total: 18 months' imprisonment.  

Forfeiture and destruction of knife sought. 

Sentence and Observations of Court:

Noted the mitigation available to the defendant.  However, knife crime was a serious crime and reflected in a custodial sentence. 

Conclusions granted. 

Miss E. L. Hollywood, Crown Advocate.

Advocate J. N. Heywood for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        You are here to be sentenced on an Indictment which contains three counts; two counts of grave and criminal assault and one of malicious damage.  The counts of grave and criminal assault are obviously the more serious of those charges. 

2.        The offence involved arriving at the home of two others and wielding a machete, which the Court has seen, which is clearly a dangerous and frightening instrument.  No injuries were caused to the victims, but they were undoubtedly in fear, and therefore the incident will have been extremely frightening for them even though it only lasted some two minutes. 

3.        Knife crime is always serious and unless there are some very unusual circumstances the Court is going to deal with knife crime by imposing a custodial sentence. 

4.        The Court does not think there are any particularly unusual circumstances here, although we would add that we are sympathetic to many of the difficulties which you have suffered.  In particular we have noted that you have been a good member of the community for many years and we treat you as being of good character and we certainly accept the statements of remorse which you have made. 

5.        We have looked carefully at the references which you have put before the Court and at all the reports which we have had, and in that connection we think that there is room for you to have some hope for the future because you have accepted your alcoholism and the first step of dealing with the disease of alcoholism, is acknowledging that.  You have taken that step, you are apparently accepting help from Alcoholics Anonymous and we strongly suggest that you continue to seek that help because you will need it for the rest of your life if you are suffering from that disease.  So there is hope for you.  You have clearly taken some advantage from the time in prison that you have had so far and the Court hopes that you will continue to take advantage of the services which the prison can offer in this respect while you serve your sentence. 

6.        The Court considers, despite all that has been said on your behalf, the conclusions of the Crown are correct and you have to be sentenced for what you have done.  You are therefore sentenced to 18 months' imprisonment on Counts 1 and 2; and two weeks' imprisonment, concurrent, on Count 3.  The sentences on Counts 1 and 2 run concurrently, so it is a total of 18 months' imprisonment. 

7.        We also order that the machete be forfeited and destroyed. 

Authorities

Harrison-v-AG [2004] JLR 111.

AG-v-Brown [2005] JRC 162.

AG-v-McDougal [2010] JRC 072.

AG-v-Leitch 2000/76.