Jersey Unreported Judgments

Inferior Number Sentencing - Grave and criminal assault.

[2016]JRC159

Royal Court

(Samedi)

9 September 2016

The Attorney General

-v-

Craig Grant Milon

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

Age:  30.

Plea: Guilty.

Details of Offence:

On 18^th November, 2015, the first victim went to Parade Park at 11am where he began drinking with some acquaintances.  At around 4:30pm the defendant was in Parade Park, he was also with acquaintances and had been drinking with them throughout the day.  There was an argument between the defendant and the first victim and the defendant punched the first victim a couple of times and the two men then grappled whilst rolling on the floor.  The defendant punched the first victim again before he was pulled away.  The defendant then kicked the first victim once in the face with moderate force and then walked away towards the hospital.  The assault was witnessed by a woman who had been in the park with her three children, who were aged 4, 3 and 12 months old at the time.  The first victim sustained a fractured jaw and broken tooth which was removed (Count 1). 

On 5^th May, 2016, the defendant was sitting on a bench in Parade Gardens, the second victim approached him and grabbed the defendant by the testicles.  The defendant lost his temper and punched the second victim twice to the face.  The second victim and defendant then stood head to head, the defendant pushed the second victim back onto the bench and punched him two or three times more.  The defendant then left the scene and walked towards the hospital.  The second victim refused to be examined or allow his injuries to be photographed, claiming he had fallen off his skateboard.  The defendant was arrested later that evening, he claimed to be his twin brother and said he had only just arrived in town.  He was abusive on arrest and made threats to kill himself (Count 2). 

Details of Mitigation:

Guilty plea, remorse, delay in respect of Count 1 being brought before the Court. 

Previous Convictions:

24 previous convictions including 3 assaults and 2 grave and criminal assaults between 2007 and 2014. 

Conclusions:

Total: 30 months' imprisonment. 

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

Sentence and Observations of Court:

Total: 24 months' imprisonment. 

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

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

Advocate A. M. Harrison for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        You are to be sentenced for two counts of grave and criminal assault.  Both offences, which took place on separate occasions, occurred during the afternoon, were in public and were witnessed by members of the public.  They were fuelled by alcohol which is an aggravating factor. 

2.        On the first occasion there was a verbal altercation following which you punched your victim and kicked him in the face whilst he was on the ground.  His injuries were significant, he sustained a fractured jaw and a broken tooth.  On the second occasion, you responded violently to a physical prank by punching your victim several times.  It cannot be said that you were cooperative with the police.  Your record is a bad one with other convictions for violence and a failure to respond to a non-custodial measure. 

3.        In mitigation, however, we note your guilty pleas, which are of value in this case, and we have read the letters both from you and the references to which your Counsel referred, and we accept your remorse as genuine.  We also accept that you have made good use of your time in custody thus far, and you have explained through Counsel your interest in taking up the opportunity of a placement at Silkwood Lodge and we hope that you will continue to express that interest and carry it into effect.  And we also consider the delay in bringing Count 1 before the courts as a not insignificant factor. 

4.        However, the policy of the Court, both where drink fuelled violence is concerned, and where there is the use of a shod foot in an assault, both indicate custodial sentences save in exceptional circumstances.  There are no exceptional circumstances in this case, and therefore a custodial sentence is inevitable. 

5.        However, we feel that we can reduce somewhat the conclusions moved for by the Crown and taking all of the mitigation to which I have just made reference into account, and also considering the totality, we sentence you in respect of Count 1; 20 months' imprisonment and to Count 2; 4 months' imprisonment, consecutively, making a total of 24 months' imprisonment. 

6.        We also make an Exclusion Order in the terms moved for by the Crown, excluding you from 1^st, 2^nd, 4^th, 5^th and 7^th category licensed premises, excluding the Multiplex Cinema, the Airport and the ferry terminal at Elizabeth Harbour, and this for a period of 12 months, taking effect from the day in which you will be eligible for release, having served two-thirds of your sentence. 

Authorities

Harrison-v-AG [2004] JCA 046.

AG-v-Anderson [2013] JRC 230.

AG-v-Le Chevere [2015] JRC 053.

AG-v-Silva [2015] JRC 153.

AG-v-Sharman [2016] JRC 067A.

AG-v-Vieira [2012] JRC 129.