Jersey Unreported Judgments

Inferior Number Sentencing - grave and criminal assault.

[2018]JRC023

Royal Court

(Samedi)

26 January 2018

The Attorney General

-v-

Harry Michael Woolley

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

Age:  25. 

Plea: Guilty. 

Details of Offence:

Police officers approaching the Havana nightclub to conduct a routine licensing check saw a male prone on the tarmac of Hilgrove Street.  Approaching the male they noted blood and vomit on the tarmac and that he had a cut to the top of his nose; initially unresponsive the male started to come around, getting to his knees but his head remained drooped.  The male said he had been drinking all evening, became involved in an altercation in the Havana nightclub, left, walked into Hilgrove Street where 'a struggle took place'; he confirmed he had received his injuries in the struggle but did not wish to make a formal complaint.  CCTV footage seized showed the victim and his assailant walking away from the Havana into Hilgrove Street, where they briefly exchange words before the assailant threw the first couple of punches, then the two grapple and fall to the ground before the assailant throws a flurry of blows to the victim's head and chest.  Police enquiries identified the possibility of Woolley being the assailant.  Witnesses suggested the victim had invited Woolley to 'go round the corner and sort it out'.  Woolley was arrested and interviewed; following receipt of legal advice he politely chose not to answer any substantive questions.

Details of Mitigation:

Guilty plea tendered in lower court and confirmed on indictment.  Injuries only of a moderate nature with no fractures.  Expressed remorse in letter to Court, also reflected in Social Enquiry Report, wrote letter of apology to victim.  Social Enquiry Report identified few risk factors and a low likelihood of Woolley engaging in further violence

Previous Convictions:

One court appearance for a parking offence, had been cautioned and fined at Parish Hall level previously.

Conclusions:

Compensation Order sought in the sum of £400. 

Sentence and Observations of Court:

Compensation Order made in the sum of £400 to be paid at a rate of £100 per month or 4 weeks' imprisonment in default. 

M. Temple, Solicitor General, appeared for the Crown. 

Advocate J. C. Gollop, for the Defendant. 

JUDGMENT

THE DEPUTY BAILIFF:

1.        You are to be sentenced for one count of grave and criminal assault which took place on the night of the 21^st August last year.  We do not need to repeat the Crown's explanation of the facts.  Suffice to say that you were ultimately the attacker, you threw punches, you used your leg to kick him once with an attempt to take him to the ground and when you were both on the ground with you on top, you subjected him to what was referred to as "a flurry of blows".

2.        As the Court has said, persons who commit violent assaults on the streets of St Helier normally are sent to prison unless there are exceptional circumstances.  In this case your victim did not wish to complain and, fortunately, his injuries were moderate.  We accept that there was a substantial element of provocation which caused you in part to lose control in this way. 

3.        You have no relevant previous convictions and you are a low likelihood of further violence and why you did this is frankly inexplicable to us.  You do not only have the benefit of an absence of bad character but you have a positive good character.  You have supported your grandparents for a protracted period in a practical way, and you have a good employment record. 

4.        There is other mitigation available to you.  Not only of course is there your plea of guilty but the letter of remorse which we accept as genuine and which is also reflected in the letter of apology to your victim.  We also have had regard to the number of references which speak very well of you indeed.  It would not be going too far to describe those references themselves as exceptional.  We note in particular the reference from Mr Jones which points to very good and courageous action on your behalf.

5.        You have already suffered as a result of your inexplicable act and foolishness.  You are now denied the career that you have chosen and worked and devoted yourself to, and that is a matter of regret going forward. 

6.        Although the custody threshold is undoubtedly passed for this offence we think looking at the matter as we are invited to do in the round there are exceptional circumstances which enable us to avoid a custodial sentence on this occasion.  You will serve the equivalent of a 9 month sentence of imprisonment by carrying out 150 hours of community service. 

7.        We now turn to the question of compensation.  In our view it is appropriate, particularly as we have taken the exceptional course of not sentencing you to imprisonment, to enable some element of compensation to be paid to your victim.  We direct that you will pay £400 by way of compensation to your victim, to be paid at a rate of £100 per month.  As we are required by the law we say that there will be a sentence in default of 4 weeks.  In other words, if you fail to make any payment a 4 week imprisonment default sentence will kick in.  Of course that does not happen if you maintain the payments as you have been directed. 

Authorities

Harrison-v-AG [2004] JLR 111. 

AG-v-Silva [2015] JRC 153. 

Criminal Justice (Compensation Orders) (Jersey) Law 1994. 

UK Courts Compensation Guidelines.