Jersey Unreported Judgments

Superior Number Sentencing - grave and criminal assault.

[2015]JRC034

Royal Court

(Samedi)

19 February 2015

The Attorney General

-v-

Stuart Bradleigh Johnson

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 19^th December, 2014, following a guilty plea to the following charge:

Age:  39.

Plea: Guilty.

Details of Offence:

Johnson and his victim Knight had known each other for about 10 years socialising together, meeting on average every 10 days or so for a few drinks and/or a meal.  On Sunday 28^th September, 2014, Johnson and Knight arranged to meet at Knight's accommodation to go out for a late lunch or dinner.  When Johnson arrived he brought 8 cans of premium lager which the men shared before going to a nearby off-licence where they bought more alcohol, Johnson buying a bottle of Buckfast Tonic Wine.  During the evening the two men listened to music and continued drinking.  Johnson's girlfriend had left the Island that day, which had upset him.  After finishing the Buckfast wine Johnson's behaviour changed, becoming noisy and aggressive; Knight asked Johnson to calm down or leave.  An argument ensued, during which Johnson picked up a Swiss Army Knife and slashed wildly at Knight causing him numerous injuries, some deep, some fortunately more superficial.  Despite his injuries and profuse bleeding Knight managed to take Johnson to the ground and restrain him until occupants of adjacent rooms came to his assistance.  When Police arrived they found Johnson to be grossly intoxicated, unable to walk unaided, and randomly aggressive towards them. 

Knight was shocked by the incident, particularly as the two men had been best of friends for years, had never argued before and he had never known Johnson be aggressive or violent.  The most serious of his injuries were a 14 cm wound to the left upper arm exposing bone and muscle, closed with 14 staples; a 12 cm wound to the upper right arm closed with 13 staples; and an 'L' shaped wound to the chest measuring 24 cm closed with multiple steri-strips. 

On interview Johnson found his behaviour impossible to explain and was deeply saddened to be told of what he had done; he made no denials but remarked that such behaviour was 'not me', being totally out-of-character. 

Details of Mitigation:

Could not be seen as unco-operative although no recollection of the assault.  Immediate guilty plea and early letter of remorse.  Had been in constant employment for 14 years in same field, 7 years with each of two employers.  Supportive letters and references.  Positive good character.  Remorse accepted as genuine. 

Previous Convictions:

None.

Conclusions:

If alternative order to imprisonment given the Crown seeks a 12 month Exclusion Order excluding the defendant from 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.

Sentence and Observations of Court:

The Defence urged on the Court Johnson's remorse, good character, good work ethic all with documentary support and the fact he was assessed as being at low risk of re-offending.  The Court reiterated that such offences must be punished severely, however in view of the extremely powerful mitigation available felt able to exercise a degree of leniency. 

Ms E. L. Hollywood, Crown Advocate.

Advocate J. W. R. Bell for the Defendant.

JUDGMENT

THE commissioner:

1.        You and the victim were friends and you had spent the day drinking in friendly companionship.  But it appears that you became thoroughly intoxicated and took exception when, at about 10 o' clock, he asked you to keep your voice down so as not to disturb his neighbours.  You then got out your Swiss army knife that you apparently had in your rucksack and you attacked him.  At one stage he had to retreat into the bathroom to try and get away from you.  You slashed at him several times with the knife.  Eventually he managed to get on top of you and, together with a neighbour who came to help; he managed to restrain you on the floor until the police arrived. 

2.        It must have been a terrifying incident for him and he sustained a number of wounds, including to the left arm, one to the right arm and a wound to his chest.  He was taken to hospital where fortunately it transpired that they were not too serious in the sense that knife wounds can be, and he has made a recovery, although he will be left with scarring. 

3.        Advocate Bell, on your behalf, has accepted the gravity of what you did, but has urged that there is much mitigation.  He has pointed to your guilty plea from a very early stage, which we entirely accept, and he has emphasised your good character in the sense that at the age of 39 you have no previous convictions.  You also have an extremely good work record, having over the last 15 years or so just had two employers being fully employed with each. 

4.        You are clearly remorseful about what has happened.  We accept that.  It is obvious from the reports that we have seen and, indeed, from your own letter that you wrote shortly afterwards.  We have also read all the other references and documents.  These show that what you did is completely out of character.  You are assessed at being at low risk of reoffending provided you steer clear of excess alcohol; you are keen, we think, to accept help on your use of alcohol, and we urge you to do that.  You also have the support of your family. 

5.        Now the Crown have moved for a sentence of 4½ years because of the serious view which the Court takes of assaults with a knife; and the Court does take that view.  We would only repeat what we said in AG v Lawlor [2009] JRC 150:-

"The gravity of injury when a knife is used is so often a matter of chance and there is always a risk of really serious injury if not worse.  The Court is determined to send out a message that those who resort to attacks with a knife will face severe sentences."

6.        Now we have been referred by the Crown to three cases, AG-v-Cooper [2006] JRC 074, AG-v-Livingstone [2010] JRC 028 and AG-v-Mawer [2013] JRC 116.  In each case a sentence of 4 years' imprisonment was imposed after a guilty plea.  Advocate Bell has referred us to the case of AG-v-Sim [2014] JRC 204 where 4 years was also imposed but there after a not guilty plea.  We have to say that it is not easy to reconcile the sentence in that case with the other decisions and with the general approach which the Court has taken, but we accept, of course, that we cannot tell from the papers what the full facts were and it is always difficult to draw conclusions from individual cases.  Nevertheless, on its face, it does not appear easy to reconcile with the other three cases. 

7.        Advocate Bell, who has spoken extremely powerfully on your behalf, has very realistically accepted that there is no alternative to prison but he has urged that we should impose a sentence of less than 4½ years.  We think he is correct.  There is, in this case, extremely powerful mitigation and, whilst all knife attacks are serious, one can envisage more serious ones. 

8.        This was a terrifying incident for the victim and you have to be punished severely for what you did; but we accept that from your perspective it has also been a tragedy because it has led to your being incarcerated in circumstances where hitherto you have led a blameless life.  So we are going to reduce the conclusions as much as we think is proper. 

9.        The sentence of the Court is one of 3½ years' imprisonment. 

Authorities

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

Harrison-v-AG [2004] JLR 111.

AG v Lawlor [2009] JRC 150.

AG-v-Cooper [2006] JRC 074.

AG-v-Livingstone [2010] JRC 028.

AG-v-Mawer [2013] JRC 116.

AG-v-Sim [2014] JRC 204.