Jersey Unreported Judgments

Inferior Number Sentencing - Grave and criminal assault.

[2016]JRC045

Royal Court

(Samedi)

19 February 2016

The Attorney General

-v-

Sorin Tudorel Marin

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

Age:  22.

Plea: Guilty.

Details of Offence:

On 18^th October, 2015, the defendant attended, with his girlfriend, at a house party.  During the course of the evening all of the party goers consumed alcohol and participated in a number of party games.  The defendant perceived that the other people at the party were flirting with his girlfriend and that they were being disrespectful, in particular the victim.  At approximately 1:30am the victim was in the kitchen with the defendant's girlfriend and another female.  The defendant approached the victim from behind and punched him with his right fist once to the face.  Following the punch other party goers intervened, including the defendant's girlfriend, to separate the defendant from the victim. 

The victim left the premises with another male and went to the Accident and Emergency Department at the General Hospital.  The victim was x-rayed and examined and the diagnosis was that he had three fractures to his cheek bone.  Surgery was carried out to insert a metal plate to repair the damage. 

Details of Mitigation:

Guilty plea; youth; excellent previous character, genuine remorse. 

Previous Convictions:

None.

Conclusions:

Compensation Order sought in the sum of £2,500 or 3 months' imprisonment in default.

Exclusion Order sought excluding the defendant from 1^st, 4^th, 5^th and 7^th category licensed premises excluding the Multiplex Cinema, Jersey Airport and the Ferry Terminal at Elizabeth Harbour for a period of 12 months taking effect from date of release on licence from prison pursuant to Article 17 of the Prison (Jersey) Law 1957.

Sentence and Observations of Court:

The Court stated that there had been no provocation present in this case and that alcohol was an aggravating feature.  The Court found that there was exceptional mitigation in this case and sentenced as follows:-

Compensation Order made in the sum of £2,500 to be paid within 18 months of today's date or a default sentence of 3 months' imprisonment. 

No Exclusion Order made.

Advocate M. H. Temple, Solicitor General.

Advocate P. S. Landick for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        This was a drink-fuelled unprovoked violent punch which caused serious and painful injuries to your victim.  He sustained fractures and required surgery. 

2.        We note the extensive mitigation available to you including your youth, your guilty plea, your good character and we accept your expressions of remorse as being genuine and of value.  We also note and accept your desire and intention largely to abstain from alcohol. 

3.        Although this was not violence on the streets, it has, in many ways, similar features.  It appears perhaps, because of your drunkenness, that you perceived the victim to be or misinterpreted his behaviour as being, deliberately offensive to you and to your girlfriend.  But even if he had been offensive, in the way you believe, that could not justify your actions.  However, we view the mitigation available to you in this case as being exceptional.  We think that this action was out of character and we think it was because you foolishly, in the context of an unfamiliar social environment, drunk far too much.  We do not expect it to happen again and that is supported by the social enquiry report. 

4.        Accordingly, we decide as follows:- you will pay compensation to your victim in the sum suggested by the Crown of £2,500, with a 3 month prison sentence in default of payment, and that payment must be made within 18 months of today's date.  It is in your interests to pay it sooner rather than later.  We do not see the need for an Exclusion Order from licensed premises in this case.  We do not, on that facts that we have heard, consider that you have an alcohol problem and we think the signs are rather that you have learned your lesson in connection with alcohol.  We believe, because of the mitigation available in this case, that we can avoid a custodial sentence.  We do not expect to see you back here again and you are sentenced to carry out 150 hours of community service, which is a direct equivalent to 9 months' imprisonment. 

5.        Lastly, we have considered the question of deportation and we agree with the Crown that it would not be proportionate in this case. 

Authorities

Criminal Justice (Compensation Orders) (Jersey) Law 1994.

Licensed Premises (Exclusion of Certain Persons) (Jersey) Law 1998.

Immigration (Jersey) Order 1993.

Harrison-v-Attorney General [2004] JLR 111.

Camacho-v-Attorney General [2007] JLR 462.

Attorney General-v-O'Shea [2005] JRC 087.

Attorney General-v-Silva [2015] JRC 153.

Attorney General-v-Mundy 1996/081.

Attorney General-v-Deffains [2004] JRC 075.

Attorney General-v-Le Chevere [2015] JRC 053.

Attorney General-v-Afonso [2013] JRC 190.

Criminal Injuries Compensation Scheme 2012.