Jersey Unreported Judgments

Inferior Number Sentencing - affray - drugs - possession - Class C.

[2012]JRC049

Royal Court

(Samedi)

9 March 2012

Before     :

W. J. Bailhache, Q.C., Deputy Bailiff, and Jurats Morgan and Crill.

The Attorney General

-v-

Darren Naim Boushine

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

First Indictment

1 count of:

Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978 (Count 1).

Second Indictment

1 count of:

Affray (Count 1).

Age:  39.

Plea: Guilty.

Details of Offence:

First Indictment

In June 2011 police attended the home address of the defendant.  Whilst there the police searched the defendant and a blister pack with two diazepam tablets was found in his back pocket.  In interview the defendant admitted knowing that they were illegal to possess without a prescription.  He explained that he had been given them to help him sleep.

Second Indictment

In August 2011 the defendant encountered the victim who was cycling in Aquila Road, St Helier.  The victim stopped and spoke with the defendant in a confrontational manner.  The victim was on bail at the time for an offence against the defendant and one of his conditions was not to contact the defendant.  An altercation between the two men took place and witnesses in the area describe the men shouting and swearing at each other.  They were seen to be wrestling over the bicycle.  At some stage the defendant was seen making a stabbing motion with his right hand towards the victim.  He was later seen holding the knife in his fist pointing it upwards.  The defendant was then seen to chase the victim with the knife.  The victim managed to get away.  The defendant then left the scene with the bicycle which he abandoned nearby having slashed its tyres.  The victim made his way to the hospital where he received treatment for a small cut of 1.5cm long to his right hand which did not require stitches.  The incident lasted approximately 10 minutes and was witnessed by a number of residents in the area.  One of the residents stated she was extremely scared and the eye witnesses were clearly concerned about the nature of the incident.  The knife was not recovered but it has been described by two of the witnesses as having a blade of approximately 4 inches long. 

The defendant at the time of the incident was under the influence of intoxicants.  It was accepted by the prosecution that the knife belonged to the victim and the defendant came into possession of it during the altercation and then went on to use it. 

Breach of Binding Over Order

In January 2011 police officers stopped a vehicle in which the defendant was a passenger.  The defendant was fiddling with his pocket and therefore the police officer requested a drugs search.  Before the officer was able to carry out the search the defendant placed a small plastic object into his mouth and swallowed it.  He then informed the police officer, "It was a joint's worth of hash". 

Details of Mitigation:

Guilty plea, significant provocation and unusual circumstances, not satisfied defendant was aggressor, no previous convictions for violence, minor injury. 

Previous Convictions:

14 convictions predominantly for drug offences. 

Conclusions:

First Indictment

Count 1:

1 day's imprisonment.

Second Indictment

Count 1:

15 months' imprisonment, concurrent to the First Indictment.

Breach of Binding-Over Order

1 week's imprisonment, concurrent to the Second Indictment.

Total: 15 months' imprisonment.

Forfeiture and destruction of drugs sought.

Sentence and Observations of Court:

First Indictment

Count 1:

2 year Probation Order.

Second Indictment

Count 1:

210 hours' Community Service Order, or 15 months' imprisonment, in default.

Breach of Binding-Over Order

2 years' Probation Order.

Total: 210 hours' Community Service Order and a 2 year Probation Order.

Forfeiture and destruction of drugs ordered.

Ms S. J. O'Donnell, Crown Advocate.

Advocate M. J. Preston for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        You are here to be sentenced on the First Indictment for the possession of diazepam; on the Second Indictment for affray, and as a result of the offences which you have committed, a breach of Binding-Over Order.  The circumstances of the affray are unclear in some respects.  There are some independent witnesses who say that you were brandishing a knife towards the victim and indeed that they were frightened as a result, and that fear is something which you will appreciate the Court has to take into account in determining what is the right sentence to impose in this case. 

2.        The Crown Advocate rightly reminds the Court that knife crime is always serious and unless there are unusual circumstances the Court will impose a custodial sentence as a result.  In this case the Court considers the circumstances are unusual.  The unusual circumstances really amount to these: we are not satisfied that you were the aggressor in this incident, we think the victim provoked the disturbance in the first place and we note that he was in breach of a bail condition in approaching you at all and we have noted, there seems to be no dispute about it, that there is some history between you.  We note that it was the victim who produced the knife in the first instance and it is right to say that although you brandished the knife and although there was a cut to the victim's hand, it was a minor cut, it certainly did not require sutures or stitches, and indeed it is unclear whether it was caused by the knife at all. 

3.        Nonetheless, you did respond to the victim in a way that you should not have done and it is for that that you are being sentenced for the crime of affray.  We have taken careful account of everything which your counsel has said on your behalf and certainly everything which is in the reports which are before the Court, and it appears to us that what is needed in relation to the totality of offending is a Probation Order which will, coupled with community service, mark the offence of affray, which is a serious offence and the use of a knife even though not your own, is a serious matter. 

4.        In the circumstances we are going to order you to perform 210 hours of community service, that is the equivalent of 15 months' imprisonment, and we are going to put you on probation for a period of 2 years.  There will be all the usual conditions of probation but, in particular, that you abstain from all illegal and non-prescribed opiates which will be confirmed by random and routine drug tests; that you attend the Alcohol and Drugs Service for a period of 2 years when required to do so; that you comply with the treatment goals which are agreed with the Alcohol and Drugs Service, and that you attend any such courses or programmes as may be determined by the probation officer, and the Act of Court will show the other usual additional conditions which are attached to a Probation Order.  I must warn you that if you fail to abide by the terms of the Probation Order or if you do not perform the Community Service Order, you are liable to be brought back to this Court and you can be sentenced again on each of the charges which you are before the Court for this morning. 

5.        Those sentences of 210 hours' Community Service Order and 2 years' Probation Order are imposed in relation to the charge of affray and you are put on 2 years probation for both the First Indictment and also the breach of the Binding-Over Order which has been referred back to us. 

6.        We order the forfeiture and destruction of the drugs. 

Authorities

AG-v-Burrell and Ors [2003] JRC 209.

AG-v-Shewan [1999] JLR N 13b.

AG-v-Dos Santos and Rodrigues [2007] JRC 219.

AG-v-Miah [2010] JRC 055.

AG-v-Lockhart [2011] JRC 025.