Jersey Unreported Judgments

Inferior Number Sentencing - grave and criminal assault.

[2017]JRC158

Royal Court

(Samedi)

29 September 2017

Before     :

J. A. Clyde-Smith, Esq., Commissioner, and Jurats Blampied and Thomas.

The Attorney General

-v-

Wayne Batiste

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

1 count of:

Grave and criminal assault (Count 1).

Age:  29.

Plea: Guilty.

Details of Offence:

The single count relates to an unprovoked assault in St Helier in the early hours of 13^th September, 2015.  The defendant and the victim, a then 47 year old local male, were not known to one another.

The victim had been to a friend's 50th birthday celebration on 12^th September, 2015, and consumed alcohol throughout the day.  He was walking home through St Helier when he saw the defendant and his girlfriend, who had been out drinking all night and were heavily intoxicated.

The defendant and his girlfriend were first captured that night on CCTV leaving Chambers Bar at  12.20am where they were be seen to be arguing . They walked together to the Royal Yacht Hotel but were refused entry.

They separated and the defendant's girlfriend walked alone back up Hill Street with the defendant running after her.  Alter catching up with her the couple talked and hugged and walked towards Snow Hill.  By the time they were captured on CCTV, they had again separated and the defendant's girlfriend was seen walking some 15 metres in front of the defendant as she entered La Motte Street.

The couple were together in Ann Street at about 12:45am, at which point the victim, who was walking home, tried to intervene in a domestic argument between the two. 

In Ann Street, at the side of Liberation Court, the victim approached the defendant and his girlfriend.  He shouted at the defendant to leave the girlfriend alone.

At this the defendant approached the victim and punched the victim to the head with both fists.  The defendant then grabbed the victim.  There was a scuffle and the two men swung around.  Both men fell heavily to the floor.

The defendant then got to his feet and ran from the scene towards Toddy's Bar.

As a result of the punches, the scuffle and the fall, the victim sustained numerous injuries including a fractured skull.

The defendant left the victim lying unconscious in the road and ran away.  One witness telephoned the ambulance service who in turn informed the police.  Separately another eye witness also telephoned the police to report the assault.  The ambulance attended soon after. 

The victim came round, got unsteadily to his feet and walked a short distance before being picked up by the ambulance.  The victim said that his first memory after coming across the defendant and the girlfriend was being in the ambulance.

The assault was witnessed by a number of people.

After the assault the defendant made his way back to his girlfriend's flat in St Saviour's Road.  Police attended there at approximately 1.00am after reports of a domestic disturbance from a neighbour.  The girlfriend was grossly intoxicated and the defendant was very drunk, having slurred speech and being unsteady on his feet.  No complaint was made by either party about any domestic incident, but officers having pointed out fresh abrasions on the defendant's forehead and elbow and a cut on his knuckles, the defendant told officers that he had been involved in a fight with an unknown drunk male whom he thought was going to attack his girlfriend and so he defended her.  It not being established that the incidents were related, the police left the address. 

The defendant left the Island for Guernsey the next day on a pre-booked ferry crossing. 

The victim was admitted to hospital in the early hours of 13^th September, 2015, and was transferred to the surgical ward overnight for observations.  The following day a CT head scan showed a minimally displaced but stable fracture to the skull, with no intracranial bleeding.  A maxillary facial doctor advised that the fracture could be managed conservatively.  The victim was discharged with topical chloramphenicol to treat his superficial lacerations, and no follow up was planned. 

Upon examination by the Forensic Medical Examiner on 15^th September, 2015, the victim was found to have suffered extensive bruising and abrasions to the face, ears and neck, some bruising to the left arm, the chest and the left hip and a suppurating wound to the left knee.  He also complained of muffled hearing in his right ear.

The Victim Personal Statement indicated that the assault had had a marked effect on the victim that continued two years after the event. 

There was a long delay in bringing the matter to Court due to the defendant living in Guernsey.

Details of Mitigation:

Guilty plea, remorse, delay in bringing the matter to Court, low risk of reoffending, good character and considerable personal mitigation.

Previous Convictions:

None.

Conclusions:

Count 1:

15 months' imprisonment.

Sentence and Observations of Court:

Count 1:

210 hours' Community Service Order, equivalent to 15 months' imprisonment.

C. R. Baglin, Esq, Crown Advocate.

Advocate J. N. Heywood for the Defendant.

JUDGMENT

THE commissioner:

1.        The defendant is to be sentenced for a grave and criminal assault committed in St Helier on 13^th September, 2015.  The defendant and his girlfriend, both heavily intoxicated, were arguing in the street when the victim, who is aged about 47 and who had also been drinking, intervened, shouting at the defendant to leave his girlfriend alone.  The defendant approached the victim and punched him in the head with both fists; the defendant then grabbed the victim and after a scuffle they both fell heavily to the floor where the victim was unconscious for a short period.  The victim sustained bruising and abrasions to the face, ears and neck, left arm, chest, left hip and left knee.  The most serious injury recorded was a minimally displaced fracture to his skull.  The defendant was found later to have abrasions to his forehead and elbow and a cut on his knuckles.  He later told police that an unknown drunken man was going to attack his girlfriend and he defended her. 

2.        There has been a delay in prosecuting this case because the defendant lives in Guernsey.  It was nine months before he became aware of the existence of a police enquiry and it is now two years from the date of this incident. 

3.        The defendant has no previous convictions and is assessed at a low risk of reoffending.  That is in part because he has a stable family and work life.  He has been working for the Guernsey Post Office for fourteen years and owns his own home, subject to a mortgage.  If he is sentenced to imprisonment he will lose his job and suffer the financial implications that will flow from that. 

4.        Citing the well-known policy of the Court that those involved in drunken violence in the streets of Jersey can expect a custodial sentence as made clear in AG-v-Rowe [2008] JRC 218, the Crown seeks a sentence of 15 months' imprisonment. 

5.        In terms of mitigation we have taken into account everything put forward very clearly by Advocate Heywood on behalf of the defendant.  He has pleaded guilty and is of good character, as we have said.  From a low educational place he has made a career in the Guernsey Post Office where, again as we have said, he has worked for fourteen years and we have a reference from the Chief Executive Officer of Guernsey Post which can only be described as exceptional. 

6.        We think this case can be distinguished from the facts in AG-v-Rowe; in that case the victim was punched to the ground and when he tried to get up he was punched in the face four times.  There was also evidence of psychological trauma suffered by the victim as a consequence of those injuries.  In this case firstly it was the victim who sought to intervene between the defendant and his girlfriend.  Secondly although it is the case that the defendant punched the victim with both fists to the head, which is consistent in our view with the bruising found to the victim's ears, those blows did not put the victim to the ground.  There then followed a scuffle between the two men and both of them fell heavily to the ground and it was that fall which we think is the more likely cause of the more serious injuries suffered by the victim.  Thirdly, once on the ground the victim was not punched again or assaulted in any way.  And fourthly, after a short period the victim regained consciousness and was discharged from hospital the following day with no follow-up.  There has been no claim by him for compensation. 

7.        In addition to this there has been as we have said a delay of two years since the incident and it was nine months before the defendant had any notice of this police enquiry.  He was only charged with this offence in January of this year and has come to the Island voluntarily. 

8.        The policy of the Court is that those who get involved in drunken violence can expect to go to prison and we reiterate that policy, but as Advocate Heywood said, it is a policy not a straight-jacket.  This is a case where the custody threshold is passed but on the facts before us and in the circumstances we have described, we think the direct alternative to custody is appropriate.  As Advocate Heywood said community service is not a soft option something not often understood by the public.

9.        You are sentenced to 210 hours' community service which is the equivalent of 15 months' imprisonment. 

Authorities

AG-v-Rowe [2008] JRC 218.

Harrison-v-AG [2004] JLR 111.