Jersey Unreported Judgments

Inferior Number Sentencing - assault - escape from lawful custody.

[2016]JRC028

Royal Court

(Samedi)

29 January 2016

The Attorney General

-v-

Kevin Gordon Campbell

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

Age:  25.

Plea: Guilty.

Details of Offence:

At the time of the offences in June 2015, the defendant shared a flat with his partner, (the victim of Count 1), his partner's sister, and the sister's partner, (the victim of Count 2). 

On 14^th June, 2015, the defendant and his partner were at home in the flat when an argument between the two broke out.  It continued into the early hours of the following morning.  During the altercation, the partner pushed the defendant to the chest with open palms to keep him away from him.  The defendant moved towards his partner with clenched fists.  The defendant's partner, scared, pushed him backwards towards the lounge door.  The defendant approached his partner again, and the defendant's partner pushed him away.  The defendant punched his partner to the face, causing some swelling and bruising to his left forehead and left cheek (Count 1). 

The defendant's partner left the flat and called the police.  He then waited outside the building.  When police officers arrived Pc Bell spoke to the defendant's partner, who was visibly upset.  As they were talking, the defendant approached and was taken aside.  He was informed that he was under arrest.  CThe defendant shouted "No, No, No!" and sprinted away towards Hilary Street.  Pc Bell gave chase, running after him along Hilary Street, La Motte Street and Hill Street until she lost sight of him in the area of Snow Hill (Count 3). 

Shortly after the police left the flat, the defendant returned.  He attempted to enter the flat in order to collect his dogs.  He was agitated and pushed the door, knowing his partner's sister's partner was behind it.  The door handle struck the sister's partner's hand, hurting his fingers and causing two scratches (Count 2). 

The defendant ran away, and the sister's partner gave chase.  As he did so, he spoke to the police on his mobile telephone.  The sister's partner continued to chase the defendant as far as the Mayfair Hotel, where he hid in the bushes.  The sister's partner told the police of the defendant's hiding place, but the defendant ran away again.  The sister's partner once more gave chase, but lost sight of the defendant when he jumped over a wall in St Saviour's Road. 

Details of Mitigation:

The Crown: Guilty plea.  Degree of remorse. 

The Defence: supported the Crown's conclusions. 

Previous Convictions:

Six previous convictions, none of which are for offences of violence. 

Conclusions:

The defendant had served 185 days on remand, the equivalent to a sentence of 9 months and 3 days (assuming remission of one-third).  Had he not spent this time on remand, the Crown considers that the appropriate sentence would have been one of community service.  However in circumstances where a defendant has already served slightly more that than the sentence that the Crown considers appropriate, the Crown considers that it would be unfair not to take this time into account in setting the sentence.  If a community service order were to be imposed in this case, then the defendant would, in effect if not in law, be punished twice for his offence.  

In light of the probation officer's recommendation, and in particular the defendant's moderate risk of reoffending, the Crown submits that the correct sentence in this case is one of probation. 

Total: 12 months' Probation Order.

Sentence and Observations of Court:

Total: 6 months' Probation Order.

E. L. Hollywood, Crown Advocate.

Advocate P. S. Landick for the Defendant.

JUDGMENT

THE commissioner:

1.        The defendant stands to be sentenced for two counts of assault and one count of escaping lawful custody.  These incidents all took place on one evening in domestic arguments that had arisen between the defendant and the victim, his partner, in a relationship that was under strain and coming to an end.  The defendant had originally been charged with grave and criminal assault and remanded in custody.  He was released on bail when his offer to plead guilty to common assault was accepted on the 18^th December, 2015, but by then he had served 185 days on remand, the equivalent to a sentence of 9 months' and 3 days imprisonment.  On the basis of that plea, this is a case where the Crown say they would have moved for a sentence of probation and community service for all three offences, the community service for an equivalent sentence slightly less than he has in fact already served.

2.        The defendant has previous convictions but none for violence and is assessed at a moderate risk of reconviction.  The Probation Department have identified areas of his life that require intervention and recommend probation and that is what the Crown now move for and that is not opposed by the defendant. 

3.        We have considered the mitigation put forward by Advocate Landick but because that is not opposed, that is the sentence which we will now impose but for a shorter period of 6 months. 

4.        We sentence you to probation for 6 months in relation to each of the three counts, concurrent, so that is a total of 6 months' probation and this in the expectation that you will complete the work plan set out in paragraph 34 of the social enquiry report.  

Authorities

Harrison-v-AG [2004] JLR 111.

AG-v-Barwise [2009] JRC 182.

AG-v-Horn [2010] JRC 104.

AG-v-Elvas [2015] JRC 069.

AG-v-Le Lay [2014] JRC 041.

AG-v-Rawlinson [2008] JRC 132.

AG-v-PG [2009] JRC 084.

Ahmed-v-AG [2006] JRC 196.