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Jersey Unreported Judgments
You are here: BAILII >> Databases >> Jersey Unreported Judgments >> AG v Sharman [2017] JRC 103 (30 June 2017)
URL: http://www.bailii.org/je/cases/UR/2017/2017_103.html
Cite as: [2017] JRC 103
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Before : |
J. A. Clyde-Smith, Esq., Commissioner, and Jurats Grime and Christensen. |
The Attorney General
-v-
Matthew Luke Sharman
Sentencing by the Inferior Number of the Royal Court, following guilty pleas to the following charges:
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1 count of: |
Breaching an Exclusion Order, contrary to Article 3(1) of the Licensed Premises (Exclusion of Certain Persons)(Jersey) Law, 1998 (Count 1). |
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1 count of: |
Grave and criminal assault (Count 2). |
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1 count of |
Resisting arrest (Count 3). |
Age: 24.
Plea: Guilty.
Details of Offence:
Breaching an exclusion order
At approximately 12:40am on Sunday, 5th February, 2017, the defendant was in Tanguy's Bar which holds 1st and 7th Category Licences. The Manager recognised the defendant from the list of excluded persons and alerted a doorman, who asked the defendant for identification. The defendant produced identification which confirmed him as an excluded person and the doorman escorted him to the door.
Grave and criminal assault
The doorman ("the victim") informed the defendant that Police had been called and that he had to wait for their arrival. The defendant became violent and aggressive. The victim restrained the defendant with the assistance of another doorman, but he continued to shout and thrash around. Whilst being restrained, the defendant bit the victim on his right bicep, through his jacket and shirt, with enough force to break the skin and cause bruising, swelling and bleeding.
Resisting arrest
Police arrived at approximately 12:47am. The defendant continued to thrash around and shout so was restrained by Police against the wall of Tanguy's Bar. The defendant was stiffening his arms and trying to pull away from the Police, so the doormen assisted in restraining him whilst handcuffs were applied and he was brought to his feet. Despite being arrested and told to calm down the defendant continued to thrash around, shout through gritted teeth and had to be restrained against the wall by the arresting officers. He was still trying to pull away from officers as he was walked to and placed in a police van for transportation to Police Headquarters.
AGGRAVATING FEATURES
-¢ The offences were committed while intoxicated and in breach of a previous Court Order for drink-related violence;
-¢ The assault was carried out on a victim acting in the course of his employment;
-¢ The defendant has a bad record for offences of violence.
Details of Mitigation:
Guilty pleas entered at the first opportunity and maintained on indictment.
Previous Convictions:
12 previous convictions for 38 offences including 3 offences against the person, 4 public disorder offences and 12 offences relating to police/courts/prisons.
Conclusions:
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Count 1: |
3 months' imprisonment |
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Count 2: |
15 months' imprisonment, consecutive |
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Count 3: |
3 months' imprisonment, concurrent |
Total: 18 months' imprisonment.
Exclusion Order sought excluding the defendant from all licensed premises holding a 1st, 2nd, 4th, 5th and 7th category licence, excluding the Multiplex Cinema, Jersey Airport, and the ferry terminal at Elizabeth Harbour for a period of 12 months.
Compensation Order sought in the sum of £500.
Sentence and Observations of Court:
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Count 1: |
3 months' imprisonment. |
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Count 2: |
15 months' imprisonment, concurrent. |
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Count 3: |
3 months' imprisonment, consecutive. |
Total: 18 months' imprisonment.
Exclusion Order made excluding the defendant from 1st, 2nd, 4th, 5th and 7th category licensed premises excluding the Multiplex Cinema, Jersey Airport and the ferry terminal at Elizabeth Harbour for a period of 24 months from the date of sentence (30th June, 2017).
No Compensation Order made.
C. R. Baglin, Esq., Crown Advocate.
Advocate L. J. Glynn for the Defendant.
JUDGMENT
THE COMMISSIONER:
1. The defendant stands to be sentenced for breaching an exclusion order, a grave and criminal assault on a doorman and resisting arrest by the police. The defendant attended Tanguy's Bar on 5th February, 2017, and was recognised as being on the list of persons excluded from licensed premises. In his case he had been excluded for 12 months following his release from prison on 2nd September, 2016. The defendant was escorted out of the premises and told to wait for the arrival of the police. He clearly took exception to this and became violent and aggressive so much so that the two doorman in the premises had to be assisted by staff from adjacent premises. Whilst being restrained he bit one of the doorman through his jacket and shirt with enough force to break the skin, causing bruising, swelling and bleeding and we have seen a photograph of the injury. When the police arrived he continued to thrash around and to shout and the police themselves had to be assisted by the doorman.
2. The defendant has a bad record of alcohol-related violent behaviour and is assessed at a high risk of re-conviction within 12 months and of engaging in further violent behaviour. The social enquiry report describes any community based sentence, which has been urged upon us by Advocate Glynn, as a high risk option as he has a poor history of compliance. Dr Emsley the psychologist in her report says this "Mr Sharman is not yet ready to take active responsibility for his offending behaviour and minimises his actions by taking a victim stance".
3. The prosecution have referred us to the factors set out in Harrison v AG [2004] JLR 111 in relation to the grave and criminal assault, which we have taken into account. The maximum sentence for the breach of the exclusion order is a level 3 fine or 6 months in prison and the prosecution submit that the resisting arrest offence should be treated consecutively.
4. In terms of mitigation the defendant has pleaded guilty. He has had a troubled childhood and we have taken all of the information given to us in the social enquiry report in that respect into account. He has also had to face the recent loss of his mother and uncle. Also his daughter was adopted and this offence took place around the time of her birthday. He has written us a letter of remorse and he has the support of his partner who is in Court. We have listened to everything else that has been put forward by Advocate Glynn on his behalf. However this was a blatant breach of an exclusion order and a vicious assault carried out on a doorman acting in the course of his employment.
5. In our view such an assault carried out in St Helier in view of the public demands a custodial sentence by way of deterrence, not just of this defendant but of others who may be inclined to act in this way. We are therefore going to grant the conclusions of the Crown.
6. In terms of the breach of exclusion order you are sentenced to 3 months' imprisonment. In relation to the grave and criminal assault to 15 months' imprisonment, concurrent, and finally for the resisting arrest offence; 3 months' imprisonment, consecutive, which makes a total of 18 months' imprisonment.
7. We are also going to impose an exclusion order in relation to Count 2 pursuant to Article 2(1) of the Licensed Premises (Exclusion of Certain Persons)(Jersey) Law, 1998, for a period of 24 months from today, which in practice will mean an exclusion of some 12 months.
8. In view of your financial position we are not going to impose a compensation order.
Authorities
Licensed Premises (Exclusion of Certain Persons)(Jersey) Law, 1998.