Jersey Unreported Judgments

Inferior Number Sentencing - obstructing a police officer - assault - grave and criminal assault - cruelty to an animal - violently resisting arrest.

[2015]JRC250

Royal Court

(Samedi)

4 December 2015

The Attorney General

-v-

Mark Anthony Derrick

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

Age:  24.

Plea: Guilty.

Details of Offence:

Count 1: In July 2010 Derrick interfered in the arrest of a female friend who had maliciously damaged a police car.  He was warned seven or eight times to leave the area or be arrested.  He did not leave and was arrested.  Derrick was warned to attend a Parish Hall Enquiry, but left he island before appearance. 

Counts 2 - 5: At about 5am on 8^th August, 2015, police officers were called to a disturbance in Robin Place.  A police dog handler attended and Derrick became extremely abusive.  The dog handler deployed the dog, and Derrick threatened to kill it.  An off-duty police officer who was passing came to the assistance of his colleague.  Further officers arrived on the scene, but Derrick remained abusive.  When one of the officers took hold of Derrick after he was arrested, Derrick punched him in the face (Count 2).  A struggle ensued, during which two officers restrained Derrick on the ground, but he managed to get back on his feet.  He punched another officer three or four times to the head and, once he had once more been restrained on the ground, kicked the same officer several times to the head and upper body (Count 3).  During the mêlée Derrick kicked the police dog in the head (Count 4).  Two sets of leg straps were applied to prevent Derrick from further assaulting the officers.  He remained verbally abusive and was still threatening violence on arrival at Police Headquarters. 

Details of Mitigation:

Crown: Guilty plea. 

Defence: Remorse.  Urged a non-custodial penalty.

Previous Convictions:

27 offences, which include five assaults, two breaches of the peace, two offensive weapon charges (one of which involved a knife) and three offences involving threatening or abusive behaviour. 

Conclusions:

Total: 15 months' imprisonment. 

Sentence and Observations of Court:

Conclusions granted. 

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

Advocate E. L. Wakeling for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        You are to be sentenced today for one count of obstructing a police officer in 2010, one count of assault of a police officer, one of grave and criminal assault of a police officer, one of cruelty to an animal by kicking a police dog and one of violently resisting arrest.  Alcohol played a part in those offences. 

2.        The Court notes the comments of the court in AG-v-Perreira [2013] JRC 214 and we endorse it.  The police do a difficult and a dangerous job and they are entitled to the protection of the Court when entirely unprovoked violence is visited upon them as was in this case. 

3.        We have considered your mitigation carefully and we have noted your guilty plea and we have read with care and reflected on the letters provided both by you and, indeed, by your partner, which we accept as sincere, and, of course, the matters in the social enquiry report.  But your record is a poor one and the Court cannot, in the light of the seriousness of the grave and criminal assault in particular, deal with this behaviour towards police officers on a non-custodial basis. 

4.        We believe that the Crown's assessment and approach to the sentence in this case is the correct one and, accordingly, we sentence you to 15 months' imprisonment on the basis set out in the Crown's conclusion.  We hope that you will take advantage of the facilities at the prison to address the issues that you face during the remainder of your sentence. 

Authorities

AG-v-Pereira [2013] JRC 214.

Harrison v AG [2004] JLR 111.

AG v Brown [2000] JLR N57.

AG-v-Brown 2000/035.