Sir Michael Birt, Kt., Bailiff, and Jurats Marett-Crosby and Grime
The Attorney General
Agostinho Goncalves De Andrade
Sentencing by the Inferior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 29th August, 2014, following a guilty plea to the following charge:
1 count of:
Grave and criminal assault (Count 1).
Details of Offence:
The defendant and the victim were sitting side by side on a park bench drinking cans of lager. Following an argument, the defendant punched the victim twice in the face causing him to fall to the ground. Whilst the victim was lying face down on the ground, the defendant picked up the victim's crutch and, swinging it from shoulder height, hit him twice in the head with the plastic handle. The victim suffered a 2 cm laceration to the top of his head and a small abrasion above his left eyebrow. The defendant initially blamed the victim for starting the fight by hitting him.
Details of Mitigation:
Guilty plea, cooperation.
Thirty previous convictions in the Magistrate's Court, the majority for public order offences including breach of the peace by fighting, assault on a police officer, being drunk and incapable and drunk and disorderly.
18 months' imprisonment.
Recommendation for deportation sought.
Sentence and Observations of Court:
D. J. Hopwood, Esq., Crown Advocate.
Advocate J. M. Grace for the Defendant.
1. Mr De Andrade, this was a nasty assault on a man who walked with the aid of a crutch. You had both been drinking in the park that afternoon, there was an altercation and you say the victim held his crutch out in your direction but you then punched him twice and when he fell to the ground you hit him twice to the head with his own crutch. You then ran off with the crutch before dropping it and making your escape.
2. Fortunately the only injuries to the victim were a cut to his head and a small abrasion above his left eyebrow, but it could so easily have been more serious. You have a previous conviction for assault on the police and you have several public order offences. It is quite clear that your problem is alcohol and when you have been drinking you commit offences.
3. In mitigation we do take into account that you pleaded guilty immediately and you were co-operative with the police. We have also taken account of all the other mitigation available on the papers before us. But the Court has a clear policy which is that those that commit offences of violence are likely to go to prison. We cannot see any way of avoiding a prison sentence in this case, despite the matters urged by your advocate. Nor can we see any grounds for reducing the conclusions moved for by the Crown.
4. The sentence of the Court is one of 18 months' imprisonment.
5. As to deportation, you have been here since 2010, you have no family here; you have this alcohol dependency and you are assessed as being at high risk of reoffending by the Probation Service. We are in no doubt that, in view of the number of convictions and the high risk of reoffending and what you have done on this occasion, your continued presence is detrimental to the Island. As we say, you have no family, you have siblings in Madeira and Guernsey. In our judgment it would not be disproportionate to recommend deportation so we make a recommendation for deportation at the end of your sentence.
Whelan on Aspects of Sentencing in the Superior Courts of Jersey (3rd Edition).