Jersey Unreported Judgments

Inferior Number Sentencing - grave and criminal assault.

[2015]JRC073

Royal Court

(Samedi)

17 April 2015

The Attorney General

-v-

Brent Gavin Bisson

Sentencing by the Inferior Number of the Royal Court, following a guilty plea to the following charge:

Age:  28.

Plea: Guilty.

Details of Offence:

The defendant and the victim had been friends for several years.  They worked as plasterers for the same company and had been out together at their staff Christmas party.  Both had been drinking heavily and they started arguing after the meal.  As they went downstairs the victim was seen "belly barging" the defendant from behind.  The argument continued on the pavement outside the restaurant and the whole incident was captured on CCTV.  Both were gesticulating and shouting, the victim appeared to be goading the defendant.  After about three minutes the defendant suddenly punched the victim once with significant force on the left side of his face, knocking him out.  The victim fell backwards onto the road fracturing his skull.  Work colleagues pulled the defendant away from the victim and the defendant left the scene.  The victim was airlifted to Southampton the same night for emergency treatment without regaining consciousness, and kept in a medically induced coma for 13 days.  The victim also suffered bleeding on or near his brain and part of his skull had to be removed to relieve the pressure.  The victim suffered brain damage, needed full-time care and was learning to speak and read again.  He could not work and although the long-term prognosis was not known at the date of sentencing, it was anticipated that he would always be disabled to some degree and dependent on carers.  He had suffered a traumatic, life-changing brain injury. 

Details of Mitigation:

The defendant pleaded guilty at an early stage.  There was provocation by the victim.  The defendant had subsequently shown genuine remorse and was struggling to come to terms with the impact of his actions on his best friend and the victim's loved ones. 

Previous Convictions:

37 previous convictions including4 offences of violence. 

Conclusions:

Exclusion Order 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 for a period of 2 years from date of release from custody sought.

Compensation Order sought in the sum of £9,732.86.

Sentence and Observations of Court:

This was a very difficult case.  The victim, a friend of many years' standing, would suffer the consequences for the rest of his life and the prognosis was unknown.  However, the Court accepted that this was not intended by the victim who would also have to live with the consequences of his actions.  There was significant provocation, but not violent provocation.  The defendant resorted to violence which had far reaching consequences and he had a record for violence associated with alcohol.  A prison sentence was inevitable.  The "sanctity of life" was important but the Court also wished to have regard to the quality of life and the quality of the victim's life had been affected. 

Exclusion Order 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 for a period of 2 years from date of release from custody made. 

No Compensation Order made.

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

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

JUDGMENT

THE DEPUTY BAILIFF:

1.        In common with many courts who have had to consider this type of matter before, we have found this particular case very difficult.  Mr Bisson, you are to be sentenced today in respect of a single count of grave and criminal assault.  Both you and the victim, a friend of many years standing, work for the same plastering company, your relationship was close but occasionally volatile and you regularly socialised together.  During the staff Christmas party both you and the victim had been drinking heavily and after that meal an argument broke out between you and your friend.  That argument continued after the party when you and your friend continued into the street.  The argument went on and others tried to intervene.  Suddenly you struck a single, very forceful blow to your friends head.  He was knocked out and fell heavily to the pavement, striking his head.  You left the scene. 

2.        The consequences for him were profound.  He suffered a fractured skull and required intensive and urgent treatment.  He will continue to suffer the consequences of your punch for a long time, very possibly for the rest of his life.  His prognosis is uncertain but his injuries are serious and they are long-term. 

3.        We accept that you did not intend the consequences of your punch.  We accept that you are remorseful and that you will have to live with the consequences of what you have done.  We understand that there was significant provocation in the sense that you had both been arguing but it was not violent provocation and the fact is that you, whilst under the influence of a substantial amount of alcohol, resorted to violence with such far-reaching consequences.  We have read the statement of the victim's partner, he cannot of course, because of his injuries write one himself, and it is clear that the consequences for them have been devastating. 

4.        We have listened to everything that your counsel has said; we note the references that speak well of you and, of course, we note your guilty plea.  You do not have a clean record for violence and violence it appears is linked with alcohol in your case, but we note that the last violent offending was almost 10 years ago. 

5.        The Court has given very anxious consideration to all of the factors and to the cases that have been put before us but, in our view, a sentence of imprisonment is inevitable.  Reference has been made by your counsel to cases of one-punch manslaughter in which the Court has reflected the importance of the sanctity of life but the Court also wishes to have regard to the quality of life and the quality of the life of your victim has been materially affected. 

6.        You are sentenced to a term of 2 years' imprisonment. 

7.        The Court also makes an Exclusion Order in the terms sought by the Crown for 2 year period following your release from custody.

8.        The Court declines to make a Compensation Order. 

Authorities

Harrison v AG [2004] JLR 111.

McManus v AG [2001] JLR N 27, JCA 118 and JRC 61.

AG v O'Brien [1995] JRC 226.

Holden v AG [2003] JCA 17 and JRC 170.

Whelan on Aspects of Sentencing in the Superior Courts of Jersey 3rd Edition.