Jersey Unreported Judgments

Inferior Number Sentencing - grave and criminal assault - common assault - resisting arrest - various motoring.

[2012]JRC111

Royal Court

(Samedi)

1 June 2012

The Attorney General

-v-

Stefan Carrel

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

Age:  21.

Plea: Guilty.

Details of Offence:

On 15^th November, 2011, the defendant purchased a UK registered Citroen Saxo motorcar.  He paid the owner a deposit of £150 and was to pay the remaining monies in weekly instalments.  The following day the defendant crashed and abandoned the car on Le Mont Sohier (Count 3).  At the time of the crash the defendant did not have a driving licence (Count 1), or insurance for the car (Count 2). 

Later that day the defendant telephoned the original car owner and asked to meet to "talk" about the car.  The original care owner attended the meeting place accompanied by a friend Mr Shepherd.  When the defendant arrived he immediately became aggressive towards Mr Shepherd, whom he knew.  The defendant threw a number of punches at Mr Shepherd's head, all of which were successfully deflected.  The original owner of the car intervened in order to assist his friend and the defendant directed a number of punches at him, none of which connected.  The police were called and the defendant started to walk off.  After a short distance he ran back towards Mr Shepherd and "high-kicked" him in the left side of the stomach before running off (Count 4). 

The defendant lived with his girlfriend ("Miss Clancy") and her 22 month old son at her flat at De Quetteville Court.  On 10^th December, 2011, Miss Clancy was at home with her friend ("Miss Bridal"), the defendant, and the child, the later two who were both in the main bedroom. 

Miss Clancy entered the bedroom and shortly afterwards Miss Bridal heard screaming coming from the room.  Miss Bridal entered the room and saw that the defendant was straddling Miss Clancy on the bed and had both of his hands around her throat (Count 5).  Miss Bridal removed the child from the room and went to Miss Clancy's assistance.  The defendant turned on Miss Bridal forcing her against the wall (Count 6) before continuing the assault on Miss Clancy, whom he grabbed around the neck and hit in the face with the back of his hand.  Upon the arrival of the police the defendant was arrested and he resisted the police by struggling, kicking out and resisting attempts to put him into the police van (Count 7). 

Details of Mitigation:

Guilty plea, residual youth, remorse. 

Previous Convictions:

96 previous convictions including inter alia 4 offences against the person, 3 offences of resisting arrest or the police and in excess of 50 motoring offences. 

Conclusions:

The Crown had regard for all the circumstances and totality of the offending and the contents of all the reports and moved as follows:-

Total: 33 months' imprisonment and 3 year disqualification from driving.

Sentence and Observations of Court:

The defendant had an appalling record for motoring and other offences including offences of no insurance and assault.  The grave and criminal assault on Clancy took place in her own home in the presence of her 22 month old child, which the Court viewed as an aggravating factor.  The defendant was under 21 at the time of offending, but 21 at the time of sentencing, therefore the provisions of Article 4 of the Criminal Justice (Young Offenders)(Jersey) Law 1994 did not apply.  Nonetheless the Court had regard to the principals set out in the article.  The defendant had breached Court orders on numerous occasions and in the view of the Court the offending was too serious to justify a non-custodial sentence.  The Court had regard for the defendant's guilty plea and the other mitigating factors but there was no alternative to a custodial sentence. 

Total: 36 months' imprisonment and 3 year disqualification from driving.

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

Advocate C. M. Fogarty for the Defendant.

JUDGMENT

THE BAILIFF:

1.        You have an appalling record for motoring and other offences, this is your fourteenth offence for driving without insurance, you also have previous convictions for assault and now you are before us for an assault on Mr Shepherd and the grave and criminal assault your partner.  The assault on her was in her own home and it was also in the presence of her 22 month old child which is undoubtedly an aggravating factor. 

2.        You were under 21 at the time of the offences but you are now 21 and were 21 at the time of Indictment.  The provisions of Article 4 of the Criminal Justice (Young Offenders)(Jersey) Law 1994 do not therefore technically apply to you.  But in accordance with the Court's declared policy we have had regard to it but we are quite satisfied that you have shown yourself unwilling to comply with non-custodial measures because you have had numerous previous breaches of probation orders and community service orders, we also think the offending is too serious to allow for a non-custodial penalty. 

3.        You have pleaded guilty, Advocate Fogarty has referred to the other mitigation available, in particular she has urged that we impose a non-custodial sentence because of the recent history concerning Mr P and we do understand that, we understand that at the time of this offending you learnt of the circumstances surrounding Mr P and this undoubtedly must have been extremely upsetting.  She has also referred to the fact that you will face additional stress because of the risk of coming across him in prison.  She says that this will be an incentive for you to comply with any probation order and community service order and she urges that we let you undertake the courses which are recommended by probation. 

4.        We have considered all of this very carefully but in our judgment there cannot be an alternative to prison in this case given your previous record, your failure to respond on previous occasions and the totality of the offending on this occasion.  You have asked for help in your letter to us, which we have read, but we think that is available in prison, you have started seeing Mrs Emsley and we urge you to continue to do so.  We also urge you to take advantage of the various courses, vocational courses and others which are available in prison, so that you will be in a better position as and when you come out.

5.        We are going to adjust the sentences slightly.  On Count 1; £300 or 1 week's imprisonment in default, concurrent to any other sentence, and disqualification from driving for 3 years, we have considered the point made by Advocate Fogarty but we think 3 years is the right period for disqualification.  On Count 2; 12 months' imprisonment, we reduce that sentence because of the totality and because we are increasing some of the other sentences, otherwise 15 months would have been entirely merited for your fourteenth offence and disqualification from driving for 3 years.  Count 3; 1 month's imprisonment and disqualification from driving for 3 years.  All of those to be concurrent.  Count 4; 4 months' imprisonment, consecutive.  Count 5; 18 months' imprisonment, consecutive to all the other sentences.  Count 6; 2 months' imprisonment, concurrent.  Count 7, the violently resisting arrest, we indicated to Advocate Fogarty, we think that such offences should normally be consecutive in order to give the police the maximum protection when they have to deal with people like you, we are therefore going to reduce the sentence to 2 months but make it consecutive.  Accordingly the total sentence to be imposed is one of 36 months' imprisonment and you are disqualified from driving for 3 years.

Authorities

Criminal Justice (Young Offenders)(Jersey) Law 1994.

Whelan on Aspects of Sentencing in the Superior Court of Jersey.

Harrison-v-AG [2004] JLR 111.

AG-v-Carrel [2009] JRC 057.

AG-v-Bailey [2009] JLR N19.

AG-v-Bailey [2009] JRC 077.

AG-v-Barwise [2009] JRC 182.