Jersey Unreported Judgments

Inferior Number Sentencing - affray.

[2012]JRC016

Royal Court

(Samedi)

13 January 2012

The Attorney General

-v-

Lloyd Rhys Evans

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

Age:  19.

Plea: Guilty.

Details of Offence:

On Friday 1^st July the defendant was in St. Helier accompanied by his brother.  The brother urinated near some scaffolding when a group of men and women were passing.  Some of the female members of the group commented on the brother's behaviour who himself made lewd comments towards the group.  Further comments were exchanged as all parties walked through into Halkett Place.

The defendant then set upon the group during which he punched several of the women in the face and was seen to be laughing.  The defendant took off his shirt, rolled it up by spinning it around, and used it to whip one of the women in the face.  He then punched her again causing her to momentarily become unconscious.  The defendant then punched and kicked one of the men whilst he was on the ground.  One of the other men in the group sustained a fractured jaw in this incident, however the evidence was insufficient to show which of the Evans brothers had caused this.

Details of Mitigation:

Guilty plea.  Youth.  No serious previous convictions.  Low level of intellectual functioning, had moved to Jersey to get away from bad influence in Wales.  Employed.  The defendant's father who lived in Wales but had travelled to Court for the sentencing had terminal cancer and was only expected to live between 3-18 months.

Aggravating features

The defendant was drunk.  This was a case of street violence and a shod foot was used as a weapon.  Lack of remorse or victim empathy - the defendant viewed himself as the victim in this situation.

Previous Convictions:

One previous conviction for breach of the peace by fighting (fined).  Three warning/reprimand/cautions from the Gwent Police.

Conclusions:

This was a case where one man had attacked a larger group of persons -  the defendant admitted punching four women and one man whom he also kicked several times whilst he was on the ground.  Another man had his jaw broken, although the Crown accepted the defendant did not do this act, it is well established that in a case of affray all participants bear some responsibility for the actions of others.

Due to his age the defendant was subject to Criminal Justice (Young Offenders)(Jersey) Law 1994.  The Crown submitted that the offence for which the defendant had been convicted was so serious that a non-custodial sentence could not be justified.

The defendant had been convicted of a crime of violence where alcohol had been a contributory factor, and accordingly the requirements of Article 2(1) of the Licensed Premises (Exclusion of Certain Persons)(Jersey) Law 1998 were met.

Exclusion order from 1^st, 2^nd, 3^rd, 4^th, 5^th and 7^th category licensed premises for a period of 6 months from date of release sought.

Sentence and Observations of Court:

This was a serious offence where members of the public were put in fear with drunken unacceptable behaviour.  The Court had taken into account the defendant's youth, guilty plea, references, and his previous convictions.  None of these would have prevented the Court from sending the defendant to prison, however the Court noted that the defendant's father had a terminal illness and accordingly exceptional circumstances existed.

Exclusion order from 1^st, 2^nd, 3^rd, 4^th, 5^th and 7^th category licensed premises for a period of 12 months made.

Ms E.Hollywood, Crown Advocate.

Advocate P.S. Landick for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        You are here to be sentenced for an offence of affray.  That is a serious offence.  It is liable to put members of the public in fear of what is going to take place around them and in fear for their own safety.  On this occasion there were members of the public who definitely were assaulted by you; you punched four women; you had a fracas with a man which led to your punching him and kicking him four or five times when on the ground; you rolled your shirt and then whipped another woman in the face with it. 

2.        By any standards this is a very serious offence and the fact that it is committed in a state of some drunkenness on the streets of St Helier at night means that you should be going to youth detention.  The Court has said on many occasions that that is so and, but for one factor, you would be going in to youth detention on this occasion.  This was drunken, unacceptable behaviour and we treat that in Jersey very seriously indeed. 

3.        I have taken into account your youth, your guilty plea, the references, your record which is not that serious, but could be better, but none of those things would have kept you out of youth detention.  None of them would have done despite your youth because we would regard this offence as so serious that only a custodial sentence would be appropriate.  We are not sending you to youth detention as an act of mercy because of your father's illness.  That is the only reason. 

4.        In the circumstances we are going to put you on probation for 18 months and sentence you to 180 hours' community service, the alternative is 12 months' youth detention.  I must explain to you if you do not perform the terms of your Probation Order, if you do not perform your community service you are liable to be brought back to this Court and you can be sentenced again for what has happened. 

5.        Now this offence was committed when you were under the influence of drink and we think it is right to impose a 12 months' Exclusion Order in addition.  So you are not to go into any licensed premises for the next 12 months.  That does not include 6^th category off-licences and it does not include the Multiplex Cinema, the Arts Centre, the Airport, the Ferry terminal at Elizabeth Harbour or the Opera House, those places for travel or entertainment, but any other licensed premises you are not to go into.  If you breach that you will be committing an offence and you can be brought back to this Court and sentenced. 

6.        The references that you have put before the Court show that you do have some good qualities as well and if you are going to make something of your life in the future you really want to take all the help that is being given to you by the Probation Service and ensure that you tackle the drink problems and any drug problems that there may be as well. 

Authorities

AG-v-Godel, Hartley and McIntryre [2009] JRC 249.

AG-v-Quirke [1994] JLR N8c.

AG-v-Burrell [2003] JLR N53.

AG-v-Burrell [2003] JRC 209.

Ryall-v-AG 1995/081.

AG-v-Robins [2003] JLR N58.

Fowler-v-AG [2007] JLR N23