Jersey Unreported Judgments

Inferior Number Sentencing - grave and criminal assault - drugs - possession - Class B.

[2016]JRC084A

Royal Court

(Samedi)

15 April 2016

Before     :

T. J. Le Cocq, Esq., Deputy Bailiff, and Jurats Marett-Crosby and Grime

The Attorney General

-v-

Greg Alexander Stewart

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

1 count of:	Grave and criminal assault (Count 1).
1 count of:	Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978 (Count 2).

Age:  24.

Plea: Guilty.

Details of Offence:

On 18^th December, 2015, the defendant and the victim were at separate Christmas parties at Mimosa Nightclub.  At about 11pm they were both on the dance floor.  The victim thought that the defendant was dancing inappropriately with one of his (the victim's) female friends.  The victim then pushed the defendant using his right shoulder, knocking him knocked off balance.  The defendant finished taking a drink and turned to face the victim.  Words were exchanged.  The victim pushed the defendant a second time using his right shoulder and arm.  The victim turned away and as he did so the defendant threw a glass at him, hitting him behind the right ear.  The glass smashed on impact and caused multiple lacerations to the area underneath and behind the victim's right ear and to the ear itself.  The victim went to punch the defendant but was prevented from doing so.  The defendant threw a single punch with his right clenched fist which connected with the victim's face. 

Police officers were called to the scene and spoke to the defendant, who refused to give his name.  He was identified as the assailant by the manager of Mimosa and was arrested.  When he was searched, officers found a piece of cannabis resin weighing 1.48 g in the defendant's pocket. 

The victim suffered a black eye and multiple lacerations to and around his right ear, including one which was 2 cm deep and required examination by an ENT consultant. 

The defendant gave a "no comment" interview. 

Details of Mitigation:

The Crown: Guilty plea, previous good character, had apologised to the victim during Magistrate's Court proceedings, appalled at his behaviour, remorse (assessed to be genuine), low risk or reconviction, victim had forgiven him and did not wish him to be sent to prison. 

The Defence: Urged a non-custodial due to exceptional circumstances.  Very short incident, victim was the initial aggressor, career in jeopardy, "moment of madness", out of character, positive good character, opposed costs application. 

Previous Convictions:

None.

Conclusions:

Count 1:	21 months' imprisonment.
Count 2:	2 weeks' imprisonment, concurrent.

Total: 21 months' imprisonment. 

Compensation Order sought in the sum of £94.49.

Exclusion Order sought excluding the defendant from 1^st, 2^nd, 4^th, 5^th and 7^th category licensed premises excluding the Multiplex Cinema, the Jersey Airport, and the ferry terminal at Elizabeth Harbour for a period of 12 months from the date the defendant is released on licence or, if the Court imposes a non-custodial sentence, for a period of 18 months from the date of sentencing. 

Costs towards the prosecution sought in the amount of £3,000.

Forfeiture and destruction of the drugs sought.

Sentence and Observations of Court:

The Court's policy is clear, but all of the mitigation taken together amounts to exceptional circumstances and a non-custodial sentence would be imposed. 

Count 1:	240 hours' Community Service Order, equivalent to 18 months' imprisonment, in default.
Count 2:	40 hours' Community Service Order, concurrent.

Total: 240 hours' Community Service Order or 18 months' imprisonment in default.

Compensation Order made in the sum of £94.49 to be paid within one week or 1 week's imprisonment in default.

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 Airport, and the ferry terminal at Elizabeth Harbour for a period of 12 months from the date of sentencing.

No order made as to costs.

Forfeiture and destruction of the drugs ordered.

E. L. Hollywood, Crown Advocate.

Advocate J. C. Gollop for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        You are to be sentenced today for one count of grave and criminal assault and one count of possessing a small personal amount of cannabis.  The assault took place in a local nightclub and was undoubtedly fuelled by the quantity of alcohol that you had consumed and this is an aggravating rather than a mitigating factor.  You do not remember the incident and that is worrying of itself.  You threw a glass at your victim, a stranger, causing serious lacerations to him.  You were, both of you, incredibly lucky that the injuries were not much more severe, they could have been life-threatening. 

2.        We have read the victim's statement and the effect on him has been significant and serious and we have to bear that in mind.  The Court's policy has been stated on a number of occasions and it is clear - when confronting alcohol-fuelled violence and particularly the use of weapons, the normal disposal is a custodial sentence, and rightly so.  When a glass smashes, it can cause serious injuries and seldom can that be predicted or controlled.  `

3.        You have much to be said for you by way of mitigation and it has been ably said by counsel on your behalf.  We include amongst those things your early guilty plea, the absence of a relevant criminal record, or indeed any criminal record, and importantly, the positive character that you are able to show to the Court.  To that we include your work ethic and we have read with great care the references that have been provided on your behalf and indeed the letters of remorse that you have sent both to the Court and to the victim, which we accept as being genuine.  We have, in addition, noted what the victim has said and we have also noted all of the matters raised in the social enquiry report and we have noted the consequences that have fallen upon you as a result of this incident and the effect that it may have on your career going forward. 

4.        Taking all of that in the round, we feel that we can treat this matter as amounting to exceptional circumstances and permit the Court to mitigate the effect of its policy. 

5.        Accordingly, you are sentenced to carry out a period of community service amounting to 240 hours, the equivalent of 18 months' imprisonment, with regard to the grave and criminal assault (Count 1).  For the possession of cannabis (Count 2) we impose 40 hours' community service, to run concurrently. 

6.        We make the Exclusion Order in the terms moved for by the Crown for a period of 12 months. 

7.        We also make a Compensation Order in the sum of £94.49 to be paid within one week or 1 week's imprisonment in default. 

8.        We also order the forfeiture and destruction of the drugs. 

9.        We do not make an order for costs.  In our view if it is the policy that costs are sought in cases of this nature then we would ask the Crown to find a suitable case and argue the matter fully before us on an appropriate occasion. 

10.      As you will have heard we place trust in what we have been told by those who have spoken very eloquently today on your behalf.  You have them, to a very large measure, to thank for this disposal and we hope very much that we will not see you here in this capacity again. 

Authorities

Harrison-v-AG [2004] JLR 111.

AG-v-Conway [2008] JRC 060.

AG-v-Hickling [2008] JRC 038.

AG-v-Furness [2015] JRC 124.

AG-v-Baker [2011] JRC 103.