Jersey Unreported Judgments

Inferior Number Sentencing - assault - breach of the peace.

[2016]JRC147

Royal Court

(Samedi)

26 August 2016

The Attorney General

-v-

Tara Jayne Baker

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

Age:  44.

Plea: Guilty.

Details of Offence:

Assault: The defendant was staying in a guesthouse in a room with a balcony, overlooking the entrance.  Another guest (a lady who was 6 months pregnant) arrived back in the early hours of the morning with her partner.  The defendant shouted at them, spat at the lady, flicked a cigarette at the lady and threatened to kick the lady in the stomach and kill the lady and her unborn baby.  No injuries although the lady was very shocked and distressed (the court considered a victim impact statement which is referred to in the judgment). 

Conduct likely: The police were called and had been asked to remove the defendant from the premises and to that end knocked on her door.  The defendant refused to come out, made threats to harm/kill anyone trying to get inside and told the police that she was armed.  The police had been informed already that the defendant was believed to have large knives in her room.  A firearms incident was declared with many officers in attendance and the defendant finally came out of her room just over two hours later after talking to a negotiator. 

Assault on a prison officer:  The defendant had been remanded in custody for offences which were later dropped.  She came into the kitchen area inappropriately dressed.  When the officer told her that she couldn't come into the kitchen area dressed in that way, the defendant then raised her right hand, pointed at the prison officer whilst walking towards her, then hit her around the face once with her right hand, causing reddening to the face.  The defendant continued to wave her arms at the officer, so she was restrained and another officer assisted.  During that process scratches were caused to the officer's hands. 

Details of Mitigation:

Psychiatric report which confirmed background of mental health issues and that these issues would have impacted on her behaviour.  Problems with finding accommodation and support on release from prison.  The assault on the prison officer had been committed whilst the defendant was on remand for offences which were later dropped. 

Previous Convictions:

Lengthy record, including in so far as relevant offences are concerned 9 offences of assault (2 of which were grave and criminal and 3 of which were assaults on police).  Had been sentenced previously to the full range of options available to the Court. 

Conclusions:

Total: 12 months' imprisonment. 

After time served, equates to release on 30^th August, 2016. 

Sentence and Observations of Court:

Total: Time served release with immediate effect.

Recommendation for voluntary probation.

Ms R. Morley-Kirk, Crown Advocate.

Advocate C. Hall for the Defendant.

JUDGMENT

THE BAILIFF:

1.        Ms Baker, you are here to be sentenced on three counts on the Indictment, two counts of common assault and one count of conduct likely to cause a breach of the peace.  The first count of common assault occurred when you were in a guesthouse and you threatened other persons staying there.  Although you do not remember the occasion, it was the threat in these terms - you flicked a cigarette at the other woman, you spat at her, she was distressed particularly so because she was pregnant, and you then said "I will kick you in the stomach and kill you both" and, understandably, she was very scared.  We have seen her victim personal statement.  She says there that as a result of this she had to leave the guesthouse and she had to stay on a friend's couch which hurt her back because she was 5 months pregnant, and she says at the end "I was and still am scared to walk about with my child in case the person tried to attack me again and hurt my child."  From what your counsel, Advocate Hall, has said to us, although you do not remember it, you must appreciate that that is a serious assault because it had a serious consequence on the victim and it is important that you realise that we take that into account. 

2.        After that, there was the conduct likely to cause a breach of the peace which lasted some two hours with police officers outside the guesthouse and ultimately that came to an end.  The third count upon which you are now being sentenced relates to conduct in prison when you were being held on remand.  You came into the servery wearing your underwear and the prison officer told you that you could not come into the servery dressed like that.  That was something she was entitled to do; she was entitled to give you those instructions and she told you to go back to your cell and get dressed.  For whatever reason, and I will perhaps come onto those in just a moment, you took exception to that and you hit her in the face once with your right hand saying to her "You are so fucking rude" and then there were some scuffles that followed.  The important thing that you need to know is that in prison you need to do what you are told.  When you are your normal self I think you do know that and this Court will always give protection to prison officers when they are threatened in that way. 

3.        The Crown has moved for custodial sentences of 6 months on Count 1, 6 months, concurrent, for the breach of the peace on Count 2, and 6 months, consecutive, for the offence of assault on the prison officer, and in the normal circumstances we would have thought that those sentences were entirely appropriate and entirely   right.  Your counsel says that for a particular reason - for accommodation which is available now and may not be available at the end of this month - it would be better if you were ordered to be released today and we have thought about that while she was addressing us; and because you have had difficulties in the past and because it only makes the difference of some five days in custody, we are going to accept that and so you are sentenced today for time served in relation to all three counts on the Indictment.  It probably is convenient if we say 6 months' imprisonment on Count 1, 6 months' imprisonment, concurrent, on Count 2 and the balance will be such period as enables you to be released today.  So that is what we are going to do. 

4.        Now can I just add to this that, when you come out, you need to give some consideration to what has caused you these problems.  We understand and we have read the psychiatric report and we understand what is in that and we understand that you had problems with alcohol as well and, almost certainly, it was the alcohol which led to these particular offences being committed.  Now there is a recommendation in the probation report, the background report, that you attend on Alcoholics Anonymous and we really endorse that, we really think you should do that.  You will find that, and this Court understands, alcoholism is a disease and you need help for it and if you have truly accepted that then you will get that help through Alcoholics Anonymous and it is a help that goes on and on and on and will do for the rest of your life and you need to do that, in our view you need to get that help. 

5.        The other thing that is said in the probation report is that you have previously accessed the Probation Service on a voluntary basis and the probation officer recommends that you continue to do that and, again, we agree with that entirely, we really think you should get some help from probation.  It is a voluntary matter, we are not telling you that you must, you cannot be brought back to Court if you do not but, for your own good, we suggest that you do. 

Authorities

Whelan on Aspects of sentencing in the Superior Court of Jersey.

AG-v-Baglin [2003] JRC 085.

AG-v-Baker [2011] JRC 103.