Jersey Unreported Judgments

Inferior Number Sentencing -assault.

[2015]JRC129

Royal Court

(Samedi)

12 June 2015

The Attorney General

-v-

Colin Robert Riley

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

Age:  44.

Plea: Guilty.

Details of Offence:

After an evening's drinking, Riley argued with the driver of his taxi home then levelled foulmouthed abuse at him.  The driver pulled over and refused to proceed farther.  From the rear seat Riley then punched the driver four times, pulled his hair, applied a headlock, clawed at his face and punched him again.  The taxi's meter and the victim's watch were damaged.  The driver freed himself and Riley fled.  Pleaded guilty at Indictment having been picked out of a video identification parade.  The driver suffered anxiety and lost earnings while signed off work.

Details of Mitigation:

Strong employment record; letters of support; recent abstention from drinking. 

Previous Convictions:

Conclusions:

Compensation Order sought in the amount of £4,362.46 with £1,000 to be paid and thereafter payments of £200 per month until amount paid in full.

Exclusion Order sought from 1^st, 2^nd, 4^th, 5^th and 7^th category licenses 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 sentencing. 

Sentence and Observations of Court:

The Court endorsed the Crown's submission that taxi drivers, who provide an important public service by taking home those rendered vulnerable or violent by drink, should feel protected by the courts. 

Compensation Order made in the amount of £4,362.46 with £1,000 to be paid within 1 month and balance of £3,362.46 to be paid within 12 months from date of release from prison, or a default sentence of 3 months' imprisonment. 

Exclusion Order made excluding the defendant 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 for a period of 2 years from date of sentencing.  

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

Advocate A. M. Harrison for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        This was a nasty, alcohol-fuelled assault committed on a taxi driver whose taxi you had entered.  Common assaults are, of their nature, less serious than grave and criminal assaults but in the view of this Court, this assault was towards the more serious end of a common assault.  It is clear that alcohol has played a significant role in this offending but, of course, that is not a mitigating factor.  It is rather an aggravating factor. 

2.        It is correct that people who provide a service to the public, such as taxi drivers, are entitled to feel as safe as possible when they enter into their job and provide that service.  We have read with particular care the statement of the victim in this case and we note that it was truly a shocking matter for him. 

3.        You are assessed as being at a high risk of reconviction which is hardly surprising in the light of your record.  You have not responded well to non-custodial alternatives in the past. 

4.        We note the mitigation that is available to you and we have taken that, and the letters written on your behalf, into account which has enabled us to reduce somewhat the conclusions of the Crown. 

5.        However, we think that a custodial sentence is inevitable in this case and the sentence of the Court is that you will go to prison for 12 months. 

6.        In terms of the compensation sought, we make a Compensation Order in the amount requested by the Crown.  We order that £1,000 of that shall be paid within 1 month and the balance shall be paid within 12 months of your release from prison, with a default sentence of 3 months' imprisonment should you fail to pay. 

7.        We also make an Exclusion Order for a period of 2 years from today's date in the terms sought by the Crown, noting that the Crown does not seek an exclusion from 3^rd category premises and accordingly that does not arise. 

Authorities

Harrison-v-AG [2004] JLR 111.

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

AG-v-Stearn [2014] JRC 036.