Jersey Unreported Judgments

Inferior Number Sentencing - grave and criminal assault - assault - malicious damage.

[2015]JRC196B

Royal Court

(Samedi)

25 September 2015

The Attorney General

-v-

Avril Gallichan

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

Age:  40.

Plea: Guilty.

Details of Offence:

In February 2015 the defendant had been in a relationship with the victim for approximately 5 years and they were living together.  On 18^th February they had an argument when the defendant believed the victim had been having an affair.  She was upset and drunk.  The defendant slapped the victim and kicked him in the leg.  She then hit him on the left shoulder with a mirror guitar before throwing a tyre shaped clock and a small sign (6 inches in diameter) in his direction.  Neither of these items struck him.  The victim went into the bathroom and locked the door.  In the meantime, the defendant fetched a knife from the kitchen and proceeded to use it to slash a jacket belonging to the victim. 

Details of Mitigation:

Previous good character.  Has expressed remorse. 

Previous Convictions:

None although appeared before a Parish Hall Enquiry on 7^th December, 1995, for common assault, being drunk on licensed premises and being disorderly on licensed premises. 

Conclusions:

Total: £600 fine or 28 days' imprisonment in default. 

Sentence and Observations of Court:

The Court had sympathy for the defendant but granted conclusions in view of the Court's policy in domestic violence cases.

Conclusions granted. 

R. J. MacRae, Her Majesty's Attorney General appeared for the Crown.

Advocate A. M. Harrison for the Defendant.

JUDGMENT

THE commissioner:

1.        You had been in a relationship and living with the victim for five years before this incident.  After seeing some text messages which suggested to you that he was being unfaithful, you had a row and you asked him to leave.  You drank a lot of whisky and you went back to his room telling him to leave immediately.  You then grabbed his arms and he pushed you away.  You then slapped him and kicked him in the leg and he pushed you away again.  You then hit him on the shoulder with a mirror guitar before throwing a clock and a sign at him.  Fortunately they both missed, he then went to the bathroom and whilst there you damaged his jacket with a knife from the kitchen. 

2.        Now this was unacceptable behaviour; but it is clear that you acknowledge this and you are very remorseful.  The victim, your former partner, does not support this prosecution and he says that this was a one-off incident in what was a very loving relationship.  The relationship has now ended and he suffered no injuries as a result of this assault.  You have no previous convictions, you have a good work record and you have brought up two boys who live with you and you have pleaded guilty.  It is clear that this was completely out of character and was caused by alcohol, which you do not normally consume to any extent, and your belief that he was being unfaithful.  You have produced many excellent letters of support and references and we have read them.  You are assessed by probation as being at very low risk of reoffending. 

3.        Putting all this together Advocate Harrison has submitted on your behalf that we should not impose a fine as the Crown have asked but should grant an absolute discharge or make a binding over order. 

4.        We have thought about this but, in view of the Court's very strong policy on domestic violence, we do not think we can agree with that suggestion, despite the particular facts of this case and the very powerful mitigation. 

5.        We think that the Crown's conclusions of a financial penalty meet the justice of the case so we are going to grant them. 

6.        On Count 2 there will be a fine of £500 or 21 days imprisonment in default, and on Count 3 a fine of £100 or 7 days' imprisonment in default, making a total of £600 and 28 days imprisonment in default. 

7.        You clearly need time to pay and you have specifically confirmed through your advocate that you feel you can manage £25 per week, so we are therefore going to give you 7 months in which to pay.  That gives a little bit of leeway in case you miss a week or two but nevertheless, you must pay by that time otherwise the default prison sentences will come into play.  So that is the decision of the Court.

Authorities

AG-v-Barwise [2009] JRC 182.

AG-v-Roche [2014] JRC 059.