Jersey Unreported Judgments

Inferior Number Sentencing - motoring - violently resisting police officers - assault - failing to provide a specimen.

[2012]JRC184

Royal Court

(Samedi)

12 October 2012

The Attorney General

-v-

David John Ferguson

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

Age:  31.

Plea: Guilty.

Details of Offence:

The motoring offences took place on the afternoon and early evening of the same day.  They involved a collision with a wall and subsequently with a bench.  The standard of driving was witnessed as being dangerous; two pedestrians narrowly avoided injury.  During the course of arrest force was required to gain access to the defendant, who had locked himself in his bedroom.  There was a struggle with police officers and an officer was kicked in the chest causing him to fall to the ground in considerable pain.  It was highly probable that the accused was under the influence of alcohol when he committed the driving offences, however because of the approximate three hour delay between the driving and arrest there could potentially have been a defence of post driving consumption.  Hence the accused was not charged with driving whilst intoxicated. 

Details of Mitigation:

Early guilty plea; letter of remorse; comparative good character; action already being taken regarding counselling for alcohol addiction. 

Previous Convictions:

Assault on a police officer, motoring offences; Parish Hall public nuisance offences. 

Conclusions:

Total: 12 months' imprisonment plus 18 months' disqualification from driving and a £500 fine.

Sentence and Observations of Court:

Total: 190 hours' Community Service Order, equivalent to 13 months' imprisonment, together with disqualification from driving for a period of 18 months plus a fine in the sum of £300.

A Probation Order for a period of 18 months on all Counts.

S. M. Baker, Esq., Crown Advocate.

Advocate L. J. Glyn for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        You are here to be sentenced on an Indictment containing various driving offences and then containing charges of violently resisting police officers in the execution of their duty and an assault on police officers.  The driving offences show that your driving on that particular occasion was truly dangerous, and you could have easily killed somebody or more than one person in the course of that driving.  You are apparently unable to contemplate having driving lessons and passing a test as well and that is something which, at the end of the sentence and the period of disqualification which we are going to impose, we would suggest that you put right. 

2.        The offence of violently resisting police officers and the assault on the police officer are quite separate from the driving offences and call for consecutive sentences in what we are going to impose.  The police are entitled to expect from the Court protection in the way they go about their business and you have got to learn to accept that police officers have a job to do.  Now the Court thinks an individualised sentence in your case is right, and we do not propose to send you to prison.  On the other hand, we are going to impose a Probation Order and community service, the community service part of that in particular, which will mark the seriousness of which we view these offences.  Police officers are entitled to the protection of the Court. 

3.        We have taken account of all the mitigation which your counsel has helpfully set out and you have been frank in your admissions, you have entered early guilty pleas, and you have sent a letter of apology.  We have looked at your references and we have certainly taken into account that you have made strenuous efforts since you were released on bail in May.  You definitely do need to tackle what appears to be a drink problem, and you might well want to consider Alcoholics Anonymous in due course as well. 

4.        In the circumstances, we are going to place you on probation for 18 months and we are pleased to note the programme which the probation officer recommends at paragraph 25 of the report.  So you are placed on probation for 18 months in relation to each of the Counts on the Indictment.  In addition you are sentenced to community service as follows.  On Count 1; 40 hours, on Count 2; 40 hours, on Count 3; 120 hours, that is the equivalent of 6 months' imprisonment, on Count 5; 70 hours and on Count 8; 70 hours, and all those will run concurrently, and they make a total therefore of 120 hours community service on those driving offences.  In relation to Count 4, we are going to sentence you to a fine in accordance with the statute and you are fined £300 or 2 weeks' imprisonment in default of the payment.  On the charge of Count 3, the dangerous driving, and on Count 8, you are disqualified from holding a licence for 18 months, and those run concurrently so that makes a total of 18 months' disqualification.  As I say, when that time is up you should take lessons and then pass the test.  On Counts 6 and 7, the offences of violently resisting and assaulting a police officer, you are sentenced to 50 hours on Count 6 and 70 hours on Count 7, they run concurrently with each other but consecutive to the driving offences.  So that makes a total of 190 hours' community service in all.  The custodial sentences which would have been imposed if community service had not been ordered are 1 month's imprisonment on Count 6 and 2 months' imprisonment on Count 7.

5.        I must warn you that if you breach your Probation Order or if you do not perform your community service, you will be brought back to Court and you will then be in very serious danger of going to prison.  These are serious offences you have committed and very often for offences of violence against the police, one would expect to see a custodial sentence imposed.  We are persuaded by the background report here that the better thing for the protection of the public is that you go through the Probation Order and that you get some help from the Probation Service, so just take advantage of it. 

Authorities

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

AG-v-Mears [2008] JRC 217.

AG-v-Kelly [2005] JRC 175.

AG-v-Brown [2000] JLR N 57.