Jersey Unreported Judgments

Inferior Number Sentencing - illegal entry with intent - grave and criminal assault - assault - driving without insurance.

[2016]JRC230

Royal Court

(Samedi)

9 December 2016

Before     :

Sir Michael Birt, Commissioner, and Jurats Crill and Pitman

The Attorney General

-v-

Michelle Bernice Ahier aka Cox

Sentencing by the Inferior Number of the Royal Court, to which the accused was remanded following conviction at trial at the Magistrate's Court on 20^th June, 2016, and following guilty pleas to breach of Orders:

1 charge of:

Grave and criminal assault (Charge 1).

Age:  33.

Plea: Not guilty to grave and criminal charge.  Guilty to breach of orders.

Details of Offence:

The defendant was found guilty in the Magistrates Court for committing a grave and criminal assault on a police officer.  The offending put the defendant in breach of a royal court order for which she was sentenced for several offences in 2014. 

2016, Grave and criminal assault

The defendant rang the police telling them she had been a victim of theft and had been resuscitated by her cleaner.  Officers attended and found the defendant in a fragile state and thought she may be under the influence of drugs.  An ambulance was called and the defendant agreed to attend the Accident and Emergency Department.  On arrival, the defendant went to the Ladies' toilet.  PC Le Mottee went to check on her and found the defendant looking in her bag.  The defendant told the officer she was leaving and began walking towards the exit.  The officer was of the opinion that the defendant was not fit to look after herself and decided detain the defendant for her own safety.  The CCTV captured the defendant walking down the corridor and the officer overtaking the defendant.  As she walked towards the officer she is seen to put her hand up, walked around and pushed the officer causing her to stumble.  The officer moved the defendant to the side of the corridor and attempted to explain her concerns, and took hold of her arm.  She began to resist and another officer intervened and they took the defendant to the ground whilst she shouted "I'll kick you in the head".  The defendant then proceeded to kick Officer Le Mottee to the side of her head.  The defendant was arrested and transported to PHQ. 

Details of Mitigation:

2014

Guilty plea. 

2016

Found guilty at trial in the Magistrates Court, limited mitigation. 

Previous Convictions:

Poor record consisting of a multitude of offences including several assaults and has breached non-custodial orders on several occasions. 

Conclusions:

Breach of Orders imposed in 2014: 4 months' imprisonment.

Breach of Orders imposed in 2013: 1 month's imprisonment, concurrent.

Charge 1:

9 months' imprisonment, consecutive to breach sentences.

Total: 13 months' imprisonment. 

Costs Order sought in the sum of £1,000 if non-custodial sentence imposed.

Sentence and Observations of Court:

Breach of Orders imposed in 2014: 3 months' imprisonment.

Breach of Orders imposed in 2013: 1 month's imprisonment, concurrent

Charge 1:

9 months' imprisonment, consecutive to breach sentences.

Total: 12 months' imprisonment, suspended for a period of 1 year. 

No costs order made.

C. R. Baglin, Esq., Crown Advocate.

Advocate S. E. A. Dale for the Defendant.

JUDGMENT

THE commissioner:

1.        On 23^rd May, 2014, you were sentenced by this Court to 190 hours' community service for various offences.  The time for carrying that out was extended because of your ill health, but now you have committed this grave and criminal assault on a police officer.  We accept that as grave and criminal assaults go this was very much at the bottom of the scale.  But police officers are entitled to look to the Court for protection and the Court has regularly stated that those who assault police officers must expect a prison sentence, save in exceptional circumstances.  Furthermore you were warned at the time when the Court imposed the community service of the likely consequences of further offending.  So when the members of the Court first read the papers, there seemed to be no alternative but to an immediate prison sentence, particularly given the recommendation in all the reports that a probation order would be inappropriate because of your repeated failures to comply with such an order and your inability now on health grounds to carry out community service. 

2.        Advocate Dale has spoken very powerfully on your behalf.  The key factor in the Court's opinion is that for the first time, you have begun to speak of the sexual abuse which you suffered as a child, and Dr Briggs in his psychiatric report has said that he considers this to be very significant.  He advises that you are poised to try and address the issues which confront you and in particular matters which arise out of that and he feels that, if successful, this would contribute to your beginning the process of turning your life around, as you say to us that you wish to.  You must realise though this will not be an easy process.  Nevertheless, we have just been persuaded that in the light of these factors this is an exceptional case which allows us to suspend the prison sentence that has to be imposed. 

3.        In relation to the count of grave and criminal assault the sentence is 9 months' imprisonment.  In relation to the offences for which you were sentenced in 2014, the sentence is as follows: Count 2; 3 months' imprisonment, Count 3; 3 months' imprisonment, Count 4; 1 months' imprisonment, Count 5; 2 months' imprisonment and for the breach of the earlier Probation Order; 1 month's imprisonment, all of those to be concurrent, but consecutive to the 9 months' imprisonment, that makes a total of 12 months' imprisonment.  However, we are going to suspend that for 1 year.  That means that if you commit any further offence within that year, then you will not only be punished for that new offence, but on top of it, you will face the prospect of serving this 12 months' imprisonment.  So that is what we are going to do. 

4.        We urge you to take up the suggestion of treatment in relation to your sexual abuse in the past.  The Probation Service I know will point you in the right direction in order to find the right person with whom you should begin this process, but you must do it.  It is voluntary on your part, we cannot make it a condition but you say you want to try and turn your life around; well if that is true then now is your opportunity to seek help.  The Probation Service, although there is going to be no probation order, will I have no doubt, be willing to help and to try and find the right person with whom you should begin this process.  But if you do not go to them and ask for it, then it will not happen, and if it does not happen then we fear you will be back here very quickly and if you are back here you will almost certainly go to prison; do you understand?  Very well that is the sentence of the Court. 

Authorities

Criminal Justice (Community Service Orders) (Jersey) Law 2001. 

Criminal Justice (Suspension of Prison Sentences) (Jersey) Law 2003. 

Costs in Criminal Cases (Jersey) Law 1961. 

AG-v-Cox [2014] JRC 115. 

Harrison-v-AG [2004 JLR 111] (extract). 

AG-v-Bannon [2003] JRC 190. 

AG-v-Vattier [2007] JRC 105. 

AG-v-A [2013] JRC 129. 

AG-v-Barwise [2009] JRC 182. 

AG-v-Cox [2009] JRC 209. 

AG-v-Dauny [2010] JRC 141. 

AG-v-Louis [2010] JRC 170. 

Whelan's Aspects of Sentencing in the Superior Courts of Jersey (Third edition).