Jersey Unreported Judgments

Inferior Number Sentencing - drugs - possession - Class A - grave and criminal assault.

[2015]JRC071

Royal Court

(Samedi)

13 April 2015

The Attorney General

-v-

Jason Paul Bayliss

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

Age:  40

Plea: Guilty

Details of Offence:

The defendant was arrested at the Waterfront when officers discovered he was in possession of 15 tablets of diazepam.  His car was searched and a further 17 tablets and fragments amounting to another tablet of diazepam were located (Count 1). 

On a separate occasion the defendant attended a public house in St Helier with his girlfriend.  The manager refused the couple service describing the defendant as a "junkie."  The barmaid persuaded the manager to allow the couple one drink.  The defendant was unhappy with this decision and left the bar by the back door towards the car park where his car was parked.  They were pursued by an intoxicated customer. 

Once outside, the customer verbally abused the defendant and his girlfriend and made physical threats.  The defendant responded with verbal abuse.  The couple then went to the defendant's car to leave.  The defendant reversed his car and then his engine was heard revving and the wheels spun.  The defendant drove in the direction of the barmaid and customer on his way out of the carpark causing fear (Count 2).  It was accepted that the defendant's actions were reckless and no injury was caused. 

Details of Mitigation:

Guilty plea; remorseful; considerable provocation; the defendant was concerned for his safety and that of his girlfriend. 

Previous Convictions:

14 previous convictions, 10 related to possession, supply and importation of drugs, no previous convictions for violence. 

Conclusions:

Total: 9 months' imprisonment. 

Forfeiture and destruction of drugs sought. 

Sentence and Observations of Court:

The Court noted that the assaults arose following considerable provocation. 

Total: 130 hours' Community Service Order, equivalent to 7 months' imprisonment, together with a 12 month Probation Order.

Forfeiture and destruction of drugs ordered. 

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

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

JUDGMENT

THE commissioner:

1.        The defendant, who is 40 years of age, stands to be sentenced for one count of possession of a small quantity of diazepam tablets and two counts of grave and criminal assault, which were committed simultaneously by the defendant driving his car at two people, neither of whom were injured.  The Crown accepts that the defendant put these two people in fear, recklessly, rather than intentionally, and that the defendant had suffered considerable provocation at the hands of a Mr Lagadu.  Without that provocation he would have left the scene peaceably and without further incident. 

2.        The defendant has a long-standing history of substance misuse; he is currently undergoing methadone treatment and uses valium for pain relief and to reduce anxiety.  He has no previous record for violence but has numerous convictions for drug-related offences.  As a consequence he is assessed at a high risk of reconviction.

3.        The Crown seeks a sentence of 1 month's imprisonment for the possession of the diazepam tablets and 8 months' imprisonment, consecutively, for the assaults, a total of 9 months' imprisonment. 

4.        In terms of mitigation the defendant has pleaded guilty; he did so shortly prior to his trial but it was a valuable change of plea and he gets credit for that.  He has the support of his family, his mother and father and his girlfriend, who are in court, and he has written us a good letter showing that he is remorseful.  In our view he has an understandable sense of frustration that Mr Lagadu is not before the Court, bearing in mind that as the Crown Advocate responsible at the relevant time apparently said in open court "this incident would not have happened had not Mr Lagadu pursued the defendant".

5.        As the Court of Appeal in the case of AG-v-Harrison [2004] JLR 111 states at paragraph 120 the court has to consider that state of mind of the offender and, in our view, we have an offender here who had been seriously provoked and who was in fear both for himself and his girlfriend, resulting in an incident that was out of character.  The use of a car as a weapon can, of course, lead to the most serious consequences but the facts of this case are, in our view, unusual.  In the judgment of this Court these offences can be dealt with by way of a community-based sentence. 

6.        On Count 1 you are sentenced to 50 hours' community service, which is to equivalent to 1 month's imprisonment, on Count 2 you are sentenced to 130 hours' community service, which is equivalent to 7 months' imprisonment, concurrent, and on Count 3 you are sentenced to 130 hours' community service, which is equivalent to 7 months' imprisonment, concurrent, that makes a total of 130 hours' of community service, which is equivalent of a total sentence of 7 months' imprisonment.  On all three counts we impose a Probation Order, concurrent with each other, on the usual conditions and with the aims that are set out in paragraph 27 of the social enquiry report. 

7.        We also order the forfeiture and destruction of the drugs. 

Authorities

AG-v-Harrison [2004] JLR 111.

De La Haye v AG [2010] JLR 218.

AG v De La Haye [2010] JRC 005.