Jersey Unreported Judgments

Inferior Number Sentencing - obtaining goods by false pretences - grave and criminal assault - common assault.

[2016]JRC124

Royal Court

(Samedi)

19 July 2016

Before     :

T. J. Le Cocq, Esq., Deputy Bailiff, and Jurats Thomas and Ronge

The Attorney General

-v-

Leslie Thomas Bulpin

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

First Indictment

1 count of:	Obtaining goods by false pretences (Count 1).
1 count of:	Grave and criminal assault (Count 2).

Second Indictment

1 count of:

Common assault (Count 1).

Age:  33.

Plea: Guilty.

Details of Offence:

First Indictment

On Wednesday 18^th November, 2016, the defendant walked to the Seymour Inn where he opened a food and drinks tab and ordered a two course meal, two packets of crisps, a packet of cigarettes and a bottle of Jack Rabbit wine.  The total value was £38.45.  After finishing the meal and drinking between half and three quarters of the bottle of wine the defendant attempted to pay using his card.  The defendant tried to input his PIN on two or three occasions but the transaction was not successful.  The police were called and the defendant ran out of the door and the licensee gave chase (Count 1). 

The defendant ran in the direction of the Happy Hens farm pursued initially by the licensee and then a Police Officer.  The defendant picked up a stick approximately five feet long.  The Officer challenged the defendant and warned him that he had CS spray.  The defendant walked backwards away from the officer with the stick over his shoulder.  The officer activated his spray and the defendant then swung the stick which connected with the officer's left arm.  The stick broke but the officer did not sustain any injuries (Count 2).  The defendant was taken to the ground and cautioned. 

At this time the defendant, who has been diagnosed as suffering from a schizoaffective disorder, was not taking his medication and had been demonstrating bizarre and concerning behaviour prior to committing these offences. 

Second Indictment

In the early hours of Monday 6^th June, 2016, the defendant had returned to his girlfriend's address in breach of his bail conditions.  They had an argument and he was angered that she was drinking whilst pregnant.  During the course of the altercation he alleges that she struck him several times to the face, and he retaliated by striking her once with an open palm, causing a small abrasion to her lips.  The defendant did not sustain any injuries.  He was not mentally unfit at the time. 

Details of Mitigation:

Guilty pleas, mental health issues. 

Previous Convictions:

The defendant has seven convictions for fifteen offences, including a grave and criminal assault in 2008. 

Conclusions:

First Indictment

Count 1:	2 weeks' imprisonment.
Count 2:	6 months' imprisonment, concurrent.

Second Indictment

Count 1:

6 months' imprisonment, consecutive.

Total: 12 months' imprisonment

Sentence and Observations of Court:

First Indictment

Count 1:	2 weeks' imprisonment.
Count 2:	5 months' imprisonment, concurrent.

Second Indictment

Count 1:

2 months' imprisonment, consecutive.

Total: 7 months' imprisonment. 

As a result of the time that the defendant had spent on remand at La Moye the sentence imposed by the Court meant that he was released from custody having served his sentence. 

Compensation Order made in favour of the Seymour Inn in the amount of £38.45 to be paid within 2 months or 1 week's imprisonment in default. 

R. C. C. Pedley, Esq., Crown Advocate.

Advocate L. V. Marks for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        You are to be sentenced today for one count of obtaining goods by false pretences, a grave and criminal assault and a common assault.  We do not need to set out the facts in great detail because they have been fully explained in Court by the Crown but in short you obtained £38.45 in food and drink and you did not pay for it.  You struck a police officer with a stick when you were pursued and on another occasion you slapped your girlfriend around the face during the course of an argument. 

2.        You are assessed as being at high risk of reconviction and your record is not a good one but the important context for these offences is the mental state that you were suffering from when you committed them and, whereas the experts do not assess that you were not guilty in law, we accept that you were confronting very real challenges at the time. 

3.        We agree that, but for the mental health element, it is likely that these offences would not have taken place and in any event they would have been dealt with in the Magistrate's Court.  Neither the obtaining of goods by false pretences or the grave and criminal assault, though of concern because it was inflicted upon a police officer, are the most serious examples of their type, far from it.  The assault on your girlfriend was however domestic violence in the home and that is a matter that is serious. 

4.        We note your guilty plea but we also note that you were very unwell at the time when these offences took place and that, to our mind, affords you very strong mitigation on the facts as we know them. 

5.        It is extremely important that you take your medication and that you avoid drugs and alcohol and, if you do not do that, we think it is inevitable that you will be back before us.  If you do, however, do those things we very much hope that we will not be seeing you again. 

6.        We are minded to impose a sentence which provides for your immediate release.  This is not in any way to minimise the seriousness of the offences, particularly the two assaults, but to reflect what we find to be exceptional mitigation in this case. 

7.        Accordingly, for the offence of obtaining goods by false pretences you are sentenced to 2 weeks' imprisonment, for grave and criminal assault: 5 months' imprisonment, concurrent.  We order that you pay compensation to the establishment where you obtained a meal in the sum of £38.45, that to be paid within 2 months and a 1 week prison sentence in default of payment if you do not pay.  For the common assault, which was domestic violence, we sentence you to 2 months' imprisonment, that 2 months to be consecutive with the 5 months for the First Indictment, making a total of 7 months' imprisonment.  That is the sentence of the Court. 

Authorities

Harrison-v-AG [2004] JCA 046.

AG-v-Kean [2013] JRC 258.

AG-v-Pereira [2013] JRC 214.

AG-v-Capuano [2013] JRC 084.

AG-v-Barwise [2009] JRC 182.

AG-v-Bree [2005] JRC 177.

AG-v-Flynn 1998/213.