Jersey Unreported Judgments

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

[2014]JRC141

Royal Court

(Samedi)

11 July 2014

The Attorney General

-v-

Cheyne Dennis Mildren

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

Age:  23.

Plea: Guilty.

Details of Offence:

Mildren, a UK resident but of local origin, was in the Island visiting family.  He and three younger males had attended a private party and, making their way home, had stopped and were sitting on a wall.  Another group of three males, some with girlfriends, passed on the opposite pavement.  All had been drinking.  Mildren's younger brother wolf-whistled the girls, to which one of the males responded with a single-finger gesture, which led to confrontation between the groups.  Mildren perceived one of the males to be aggressive towards his brother so he approached the male who then ran off leaving the other two still on the pavement; when Mildren reached them he asked where the other one had run to, pushing one to the ground and pinning him down briefly (Count 1) and pushing the other backwards causing him to fall over a low garden wall (Count 2) before running after the 'aggressor'.  When Mildren caught up with that original male he threw two punches at him, the first of which missed as he was drunk.  The male ran off but Mildren caught up with him, punched him once which caused him to fall, punched him once to the face while on the ground and then kicked him once to the body (Count 3) before being distracted by arrival of police.  When arrested Mildren struggled causing him and officers to fall to the ground as they tried to place him in a police van.  Mildren had amassed a number of convictions, including two for assault, as a young teenager in the Island and a more recent wounding in the UK. 

Details of Mitigation:

Mildren had become completely co-operative by time of arrival at police station, apologising for his behaviour and accepting full responsibility.  Confirmed admissions during brief 20 minute interview.  Guilt acknowledged from outset.  Living with partner of five years and their two children in the UK, in full time employment with same employer of several years.  Excellent references showing he had made great efforts to turn his life around in the UK after a very poor start in Jersey. 

Previous Convictions:

As a youth had 51 convictions up to age of 16, mainly for 'hot-wiring' and taking and driving away scooters together with ancillary offences.  Since that time one UK conviction in 2010 for a wounding offence, 12 month suspended sentence with 250 hours of unpaid work. 

Conclusions:

Total:  15 months' imprisonment.

Exclusion Order sought from all 1^st, 2^nd, 3^rd, 4^th, 5^th and 7^th category licensed premises excluding the Multiplex Cinema, the Jersey Arts Centre, Jersey Airport, the ferry terminal at Elizabeth Harbour and the Opera House for a period of 1 year from the date of his release from prison in the event a custodial sentence is passed, or 18 months from today's date in the event a non-custodial sentence is passed.

Sentence and Observations of Court:

Total: 210 hours' Community Service Order, equivalent to 15 months' imprisonment, together with a 2 year Probation Order.

Exclusion Order made from all 1^st, 2^nd, 4^th, 5^th and 7^th category licensed premises excluding the Multiplex Cinema, the Jersey Arts Centre, Jersey Airport, the ferry terminal at Elizabeth Harbour and the Opera House for a period of 18 months from today's date.

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

Advocate A. M. Harrison for the Defendant.

JUDGMENT

THE BAILIFF:

1.        On a trip back to Jersey you got drunk and you behaved violently.  Because of some perceived provocation, when in reality there was none, you committed the assaults described by the Crown Advocate and of these the most serious was the third one, when you punched the victim, who was a 17 year old boy, you chased after him when he ran away, you punched him again so that he fell to the ground, you punched him again once in the face while he was on the ground and then you kicked him once to the body, although admittedly you were wearing soft shoes.  You then struggled when the police tried to arrest you.  It is quite clear that you were out of control.  The victim suffered bruising and, it appears, a broken nose, although that does not appear to have been of the more serious variety. 

2.        The Court's normal policy is that such offending results in a person going to prison because the Court is determined that people should not be subject to violence from aggressive, drunken youths when they are simply minding their own business.  But Advocate Harrison has urged us to treat this case as exceptional and to exercise a degree of mercy.  He has referred to your immediate admissions and cooperation, to your early guilty plea, and to the fact that you are clearly remorseful for what you have done, and we accept all those things.  But those matters alone would not have been sufficient to stop you from going to prison. 

3.        What he says distinguishes this case is the fact that you have made such an effort to turn your life around.  The probation report describes a truly dreadful upbringing and the result was that you began offending at the age of 14 and you committed numerous offences, as your record shows, between the ages of 14 and 16.  It really looked at that stage as if you were heading for a life where you would be in and out of prison because of repeated offending.  But when you were 16 you took the courageous decision to leave Jersey to get away from the influences of your family, and you went to live with Mr Guitton in Peterborough and with his help, you really have turned your life around.  You obtained qualifications as a mechanic, you have obtained regular employment, you have settled down with your partner, you have two children with her and you are clearly a devoted father.  Most importantly, you have not committed any further offences, until this one, except for one lapse some 4 years ago.  What you have done is put all this at risk and risked all the progress you have made because of your drunken aggression. 

4.        There is a very strong recommendation from the Probation Service that we should deal with this matter by way of a Probation Order and Community Service Order.  We have considered very carefully whether we can do this.  We have just been persuaded that we can.  We think that society's best interests in this case would be served by trying to ensure you maintain the excellent progress you have made and we think that the risk of reoffending would probably be greater if that was all put at risk and you were sent to prison.  So we are going to treat this as an exceptional case.  We hope very much that you have learned from this and appreciate the high risk that you could have gone to prison and that you have put all you have worked so hard for at risk.  We hope you will not do it again. 

5.        We are going to place you on Probation for 2 years, concurrent on all the counts and we expect that you will undertake the Resolve course which was referred to in the report, but you must be punished as well so we are going to impose a Community Service Order.  On Count 1; 70 hours, on Count 2; 70 hours, on Count 3; 210 hours, which we say is the equivalent to 15 months' imprisonment, and on Count 4; 70 hours, all of those concurrent, so that is 210 hours altogether.  We are also going to make the Exclusion Order of 18 months.  You are, of course, going to go back to England but nevertheless you may visit over here and we think if you do do that you must stay out of the public houses so we make the order as requested by the Crown except in relation to 3^rd category, so you cannot go into any 1^st, 2^nd, 4^th, 5^th or 7^th category premises except for the ones named in the order. 

6.        I must warn you of the consequences of failing to comply with this.  You are going to undertake all this in England, you will be supervised by the English Probation Service and you will undertake the community service in England.  But the Probation Service here will be kept closely informed and if you do not turn up for the probation, if you do not turn up for community service, if you reoffend, obviously, and if you do not do as you are told by the probation officer then they will report back to here and you will be brought back before the Court; and if you are brought back before the Court I think there can only really be one outcome, which is that you will then go to prison.  So do comply fully with the Probation Order and the Community Service.  This is your chance.  You have made great strides, you have taken advantage of the opportunities which Mr Guitton and others have helped you to do and we urge you to take advantage of this opportunity. 

Authorities

Harrison-v-AG [2004] JLR 111.

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

Licensed Premises (Exclusion of Certain Persons)(Jersey) Law 1998.