Jersey Unreported Judgments

Inferior Number Sentencing - affray.

[2016]JRC128A

Royal Court

(Samedi)

21 July 2016

The Attorney General

-v-

Mark Edward Gary Francis Richomme

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

Age:  29.

Plea: Guilty.

Details of Offence:

In the early hours of the morning of 24^th December, 2015, the defendant walked past a flat in Val Plaisant and engaged in conversation with the two male occupants.  One of the men encouraged the defendant to climb the wall to gain access to the flat.  When the defendant fell the men started laughing and the defendant got annoyed started to kick the front door.  The men went downstairs and an altercation took place resulting in one of the men hitting the defendant and pushing him to the ground.  The men left the scene and so did the defendant.  About 10 minutes later the men heard banging on the front door.  The men went down to find the defendant holding two kitchen knives with the blades pointing upwards  The defendant had gone to a nearby friend's house and taken the knives  The men and two other witnesses who saw the defendant holding the knives and shouting were scared by the actions of the defendant.  One of the men stated that when he had gone outside and saw the defendant was armed with knives he had feared for his life. 

The Police were called and when one of the witnesses pointed out the defendant he immediately dropped the two knives.  He then went to the entrance of St Thomas' Church and undressed until he was wearing only his underpants and socks.  He was shouting, swearing and behaving erratically.  The defendant told Police that he had been the victim of a ferocious attack although he did not have any apparent injuries.  Both knives were recovered nearby and the defendant was arrested. 

When interviewed he repeated that he had been the victim of an assault.  He stated he had drunk 6 pints of beer that night.  He denied any knowledge of the knives and stated that the allegations made by the witnesses were false. 

Details of Mitigation:

Guilty plea and personal mitigation. 

Previous Convictions:

The defendant has 24 previous convictions for 75 offences, including convictions for violence, drugs and possession of a firearm without a certificate. 

Conclusions:

Sentence and Observations of Court:

The Court noted that the affray was small scale.  Actual violence was low although the defendant deliberately brought the knives with him.  Took into account his personal mitigation and therefore felt able to reduce the conclusions. 

Ms S. O'Donnell, Crown Advocate., on behalf of the Attorney General.

Advocate A. M. Harrison for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        You are sentenced today for one count of making an affray.  After an altercation you went to a friend's house, you collected two kitchen knives and you went back to where that altercation had taken place and you began banging on the front door.  You were holding the knives with the points facing upwards when one person came to the front door.  You were clearly intoxicated.  A number of people saw your actions and they were fearful that you might use the knives and, indeed, the individual at the front door himself says that he thought he was going to be stabbed.  When arrested you were far from straightforward with the police and when interviewed you told them a story that portrayed you as the victim of an assault. 

2.        Your record is a poor one and whilst this was a small scale affray in as much that it did not involve many people, it was witnessed by several people.  Whilst the violence was low the fact that you deliberately brought the knives with you greatly enhanced the risk inherent in the situation and the level of danger. 

3.        You have pleaded guilty and for that you are entitled to credit and we note, in particular, all of the matters set out in the social enquiry report.  You have faced many challenges and we keep that well in mind and we accept that your expression of remorse through counsel is a genuine one.  But the fact is that you have not taken advantage of the opportunities afforded to you in the past by way of probation because you are back before us today and, in our view, an offence of this nature with these characteristics must inevitably attract a custodial sentence.  However we think that you have very strong mitigation of a personal nature available to you and we make full allowance for that mitigation and in particular the matters contained within the social enquiry report.  This enables us to reduce the conclusions moved for by the Crown. 

4.        You are sentenced to 14 months' imprisonment. 

Authorities

AG-v-Burrell and Others [2003] JLR N 53.

AG-v-Burrell [2003] JRC 209.

AG-v-Heard [2012] JRC 132.