Jersey Unreported Judgments

Inferior Number Sentencing - assault.

[2012]JRC156

Royal Court

(Samedi)

24 August 2012

The Attorney General

-v-

Jose Gabriel Rocha De Oliveira

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

Age:  35.

Plea: Guilty.

Details of Offence:

At 12:30 on Thursday 5^th April, 2012, the defendant, who had been drinking, walked past the victim, a 66 year old woman who uses a walking stick.  She was making her way toward her car.  The defendant glanced back at her and then continued walking.  He then turned and ran towards the victim, grabbed her by her right arm and pulled her forcefully.  He later claimed that he had heard someone say she was a witch, which prompted his assault.  She did not fall and the defendant walked away briefly before returning, at which point passers-by intervened. 

Details of Mitigation:

Guilty plea; not an alcohol fuelled attack; served 3 months on remand in custody, reflecting a sufficient punishment; making positive steps to address alcohol addiction. 

Previous Convictions:

One previous conviction for refusing to obey a police officer in 2006.  Parish Hall caution for being drunk and disorderly in 2009. 

Conclusions:

Compensation Order sought in the amount of £486.70 in favour of the victim.

Exclusion Order sought for a period of 12 months from all 6^th category licensed premises save for shops selling food, the Multiplex Cinema, Jersey Arts Centre, Jersey Airport, the Elizabeth Terminal and the Opera House.

Sentence and Observations of Court:

Condition attached to Probation Order not to enter licensed premises for a period of 12 months save for shops selling food, the Multiplex Cinema, the Jersey Arts Centre, Jersey Airport, Elizabeth Terminal and the Opera House.

Compensation Order made in the sum of £400 to be paid to the victim at a rate of £10 per week, or 3 months' imprisonment in default.  First payment to be made within 4 weeks from today, i.e. 21^st September, 2012. 

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

Advocate C. M. Fogarty for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        You are here to be sentenced on one count of common assault.  It occurred when you approached a lady of 66 years old, walking with a stick.  She was vulnerable on three counts, on account of her gender, of her age and incapacity.  You approached her at half past midnight, grabbing her by the right arm and pulling her forcefully.  You later returned to her as she was trying to get into her car and only the presence of some passers-by seems to have prevented a further incident. 

2.        The victim must have been very frightened.  Indeed her victim impact statement so describes her.  Fortunately she was not severely injured, although there were soft tissue injuries to her neck similar to a whiplash injury, injuries to her right lower back and over the upper surface of her left foot.  She complains of having suffered headaches and neck aches since. 

3.        However, had the offence of robbery not been charged originally you would have been dealt with in the Magistrate's Court.  We take into account your guilty plea and your substantially good record and indeed all the material which your Advocate put before us.  This was not a drink-fuelled violence and we therefore do not place this offending in that category which so often comes before this Court.  We have noted that you spent 10 weeks in custody on remand which is equivalent to a sentence of approximately 4 months' imprisonment.  The time that you have spent in prison may have assisted you in confronting your problems with drink although these were not the cause of this offence directly.  We have noted the references and the efforts you have made recently to reconstruct your life. 

4.        Taking all these matters into account we think the right sentence is one of probation.  We are going to put you on probation for a period of 9 months.  In addition to all the usual terms, which are that you should act generally as the Probation Service directs you in connection with where you live and what you do; we attach the condition that you do not enter licensed premises except shops selling food, the Mutliplex Cinema, the Jersey Arts Centre, Jersey Airport, Elizabeth Terminal and the Opera House.  We would have imposed an Exclusion Order but we do not think that this offence was fuelled by drink and thus it is not within our jurisdiction to do so. 

5.        That leaves over the question of compensation and nothing that we have said so far, as I have indicated, takes away from the fact that we recognise that the victim has suffered a very frightening incident indeed.  We have noted what your Counsel has to say, that there is potential argument as to what expenses which she claims legitimately result from the assault.  We think the best way of dealing with that is to make an assessment of a compensation sum which we will order you to pay her for her personal injury and that sum is £400 which you should pay at the rate of £10 a week and if you do not pay it then you will be liable to serve 3 months' imprisonment in default.  The first payment needs to be made within 4 weeks of today so that gives you some opportunity to save up but indeed, assuming that your only income is the benefits you are obtaining at the moment, the compensation which you need to pay to the victim will not only be some compensation to her but will be money that you are able to save from not spending it on alcohol. 

6.        You will be on probation for 9 months from today and a Compensation Order of £400.

Authorities

AG-v-Edmundson and Murphy [2012] JRC 102B.

AG-v-Carrel [2012] JRC 111.