Jersey Unreported Judgments

Inferior Number Sentencing - grave and criminal assault - assault - resisting arrest - contempt of court.

[2015]JRC128

Royal Court

(Samedi)

11 June 2015

Before     :

W. J. Bailhache, Esq., Bailiff, and Jurats Fisher and Olsen

The Attorney General

-v-

Callum John Pallett

Ryan Lee Smyth

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

First Indictment

Callum John Pallett

1 count of:

Grave and criminal assault (Count 1).

Age:  25.

Plea: Guilty.

Details of Offence:

First Indictment

The defendants, who are brothers (Smyth also being known as Ryan Pallett), attended the victim's flat after an evening's drinking.  They argued with the victim and his girlfriend as to whether or not they had been invited.  The victim shut himself in the bathroom.  Pallett entered by breaking the bathroom door and delivered several punches to the victim's body, causing him to stumble to the floor and strike his head against the basin.  Pallett then kicked the victim twice to the upper body (Count 1). 

Smyth entered the bathroom, punched the victim twice to the torso (Count 3) and pulled Pallett away from the victim.  The victim's girlfriend fled the flat screaming for help. 

The victim was dazed but not seriously injured.  Smyth resisted arrest at the scene and was highly abusive to the police (Count 4).  Both brothers were unhelpful in interview. 

Second Indictment

On the Magistrate's refusal of his bail application Smyth shouted abuse and kicked the dock (Count 1). 

Details of Mitigation:

Guilty plea, good employment record; no recent convictions for violence. 

Previous Convictions:

17 previous convictions largely relating to the police and public order. 

Conclusions:

First Indictment

Count 1:

18 months' imprisonment.

Exclusion Order sought for a period of 18 months from 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 from date of sentencing. 

Sentence and Observations of Court:

First Indictment

Conclusions granted.

First Indictment

Ryan Lee Smyth

First Indictment

1 count of:	Assault (Count 3).
1 count of:	Resisting arrest (Count 4).

Second Indictment

1 count of:

Contempt of Court (Count 1).

Age:  27.

Plea: Guilty.

Details of Offence:

See Pallett above.

Details of Mitigation:

Guilty plea; father of young family.  3 months' remand in custody.

Previous Convictions:

18 previous convictions including 6 assaults.

Conclusions:

First Indictment

Count 3:	12 months' Probation Order and a 12 month Exclusion Order.
Count 4:	12 months' Probation Order, and a 12 month Exclusion Order, concurrent.

Second Indictment

Count 1:

12 months' Probation Order, concurrent to the First Indictment.

Total: 12 months' Probation Order and a 12 month Exclusion Order. 

Exclusion Order sought for a period of 12 months from 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 from date of sentencing.  The Exclusion Order also excludes the premises of La Fontaine, Jersey Bowl, Portelet Inn and the Farmhouse, St John provided that the defendant attends these establishments with at least two of his children or partner's children. 

Sentence and Observations of Court:

Conclusions granted. 

D. J. Hopwood, Esq., Crown Advocate.

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

JUDGMENT

THE BAILIFF:

1.        Mr Pallett, you are here to be sentenced on one charge of grave and criminal assault.  At about 11 o' clock at night you went, with your brother, to the victim's flat.  It appears that you must have been concealing yourself because the victim did not see that you were there when your brother pressed the buzzer to have the front door opened, and immediately you and your brother got into the flat, there was a brief heated exchange.  The victim tried to close the front door without letting you in but was unable to do so, and he then ran into the bathroom and locked himself in.  You repeatedly kicked the bathroom door until it was almost broken and threatened the victim with "Come out or it will get worse."  He did then open the door and you burst into the bathroom.  You delivered a number of punches to his body, which caused him to stumble to the floor and he struck his head against the bathroom sink; while he was on the floor you got to your feet and delivered two kicks to his upper body. 

2.        By any standards this was a serious grave and criminal assault but it is worse for the fact that you committed it inside the victim's own home and, effectively, for a period of time terrorised him and his partner and one only has to look at the victim personal statements to see how frightened they were at the time.  Now you must realise that we are passing a sentence which reflects the conduct which you have committed, and I say that deliberately because we note that you have not been in trouble for some years, which is to your credit, and we note that you have not previously been sentenced to a custodial sentence and we certainly have regard to all the mitigation which your counsel, Advocate Bell, has very fully and well set out for you.  But at the end of the day we are going to pass a sentence which reflects what you have done and so we have considered that and we think that the Crown is right in their conclusions. 

3.        You are therefore sentenced to 18 months' imprisonment for that offence of grave and criminal assault. 

4.        We also impose an 18 month Exclusion Order which runs from today and it takes effect in respect of 1^st, 2^nd, 4^th, 5^th and 7^th category licenses but not including the Multiplex Cinema, the Arts centre, the Airport, the ferry terminal at Elizabeth Harbour and the Opera House. 

5.        Mr Smyth, you are charged with three offences - an assault on the same victim, and also resisting arrest and contempt of Court.  You have spent a considerable amount of time in custody before you were granted bail and the assault which you committed is a common assault rather than a grave and criminal assault.  Given the amount of time that you have spent in custody on remand, we think that the Crown is right in moving for a Probation Order. 

6.        Accordingly, you are sentenced to a 12 month Probation Order, concurrent on each of those three charges.  There will also be a 12 month Exclusion Order dating from today which excludes you from all the same premises which I have just described in relation to your brother, that is 1^st, 2^nd, 4^th, 5^th and 7^th category licensed premises but not including the Multiplex Cinema, the Arts Centre, the Airport, the ferry terminal at Elizabeth Harbour and the Opera House. 

7.        We have considered the request which has been put through your counsel to extend the premises which you might visit and we think that it is right to do so to enable you to concentrate on something which should keep you out of trouble in the future and that is your family and your partner's family; and so, accordingly, we also exclude from the Exclusion Order La Fontaine, the Jersey Bowl, Portelet Inn and the Farmhouse at St John, provided that you attend any of those establishments in the company of at least two of your and your partner's children.  If you breach that Exclusion Order that itself is a criminal offence for which you can be sentenced.  If you do not act as directed by the probation officer you are liable to be brought back to Court and sentenced again for the offences which you have admitted here. 

8.        Let us also add that if we had been imposing custodial sentences in your case they would have been consecutive.  The police are entitled to protection in their job when they are arresting suspects of offences and the contempt of Court in the face of the Court was completely inexcusable and you must recognise that. 

Authorities

Harrison-v-AG [2004] JLR 111.

AG-v-Arisanu and Sorcoi [2008] JRC 110.

AG-v-Bunting and Zonta [2009] JRC 205.

AG-v-Martins [2015] JRC 016.

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