Jersey Unreported Judgments

Inferior Number Sentencing - assault - driving under the influence.

[2014]JRC067

Royal Court

(Samedi)

14 March 2014

The Attorney General

-v-

Ricardo Miguel Goncalves Rebelo

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

Age:  29.

Plea: Guilty.

Details of Offence:

There was an agreed basis of sentence for the assault charges.  During the course of a relationship Mr Rebolo assaulted his partner three times.  On the first occasion, during the course of an argument she said "go on slap me" and he did.  She was pregnant at the time.  On the second occasion, he grabbed the handbag she had over her shoulder and pulled her towards him. On the third occasion he grabbed hold of her shoulders during the course of an argument.

The case was in Royal Court because there had been two grave and criminal assault charges as well Counts 1 and 2), which had gone as far as the first day of an Assize trial.  The victim however indicated that she would not give evidence and the two grave and criminal assault charges were dropped.

In relation to the driving offence, which had been committed whilst on bail for the other charges, Mr Rebolo was seen by police driving erratically (mounting the pavement, driving too quickly then failing to move after traffic lights turned green).  He was stopped and appeared to be under the influence of drink or drugs.  He was taken to the police station where he failed the usual impairment tests and blood tests revealed that he had methyl one is his blood.

Details of Mitigation:

Guilty pleas.  Mr Rebolo had served the equivalent of 6 months and 27 days whilst on remand for the grave and criminal assault charges.  Mr Rebolo did not want to resume the relationship with his partner, although she had given birth to his second child the day before sentencing.

Previous Convictions:

None.

Conclusions:

Total: 7 months' imprisonment and 15 months' disqualification from driving.

Sentence and Observations of Court:

The Court observed that it was evident that Mr Rebelo had issues that needed to be addressed by Mr Rebelo would not cooperate with probation.

Conclusions granted.

Ms. R. C. L. Morley-Kirk, Crown Advocate.

Advocate A. Harrison for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        You have been brought before this Court on an Indictment which originally included six counts, including two counts of grave and criminal assault.  Those two counts have been dismissed and so you are left only facing sentenced for three counts of assault and one count of driving whilst under the influence of drugs. 

2.        Even on the cases of assault, and even on the limited facts which have been put before us, it is apparent to this Court that you have a problem in relation to the use of violence within your relationship and the Court thinks that it would have been extremely helpful if you had agreed to be placed on probation in order that you could have had some assistance to tackle this problem for the future.  It is possible, and no doubt if you speak to the probation office they will be able to tell you the extent to which it is possible, but it is generally possible for volunteers to go on courses to assist them with domestic violence difficulties and we would recommend that you consider that and make an appropriate approach to the probation office, who I am sure would try and accommodate you if they possibly can.

3.        The sentences which we are going to pass are those which the Crown has proposed.  They reflect the offences which you have actually committed, but as I say that leaves the Court with the slightly uncomfortable conclusion that a more constructive sentence than custody might have helped you for the future and we want you to understand that.

4.        In the circumstances you are sentenced on Count 3 to 4 months' imprisonment, Count 4 to 1 month's imprisonment, consecutive; Count 5 to 1 month's imprisonment, consecutive; and Count 6 to 1 month's imprisonment, consecutive, with 15 months' disqualification from driving.  That makes a total of 7 months' imprisonment and 15 months' disqualification.  In practice, as we are told by the Crown Advocate, that means that given the time that you have served already in custody you will be released today.

Authorities

AG-v-Barwise [2009] JRC 182.

AG-v-Horn [2010] JRC 104.