Jersey Unreported Judgments

Inferior Number Sentencing - affray, grave and criminal assault.

[2019]JRC007

Royal Court

(Samedi)

25 January 2019

Before     :

T. J. Le Cocq, Esq., Deputy Bailiff, and Jurats Nicolle and Pitman

The Attorney General

-v-

Paul David William Le Geyt

James Barry L'Enfant

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

Paul David William Le Geyt

1 count of:	Affray (Count 1).
1 count of:	Grave and Criminal Assault (Count 2).

Age:  27. 

Plea: Guilty. 

Details of Offence:

On 5^th October, 2018, L'Enfant attended a party at a private house before going to a town bar with a group of friends.  At approximately 10:30pm L'Enfant and two others were walking to another pub and a member of the group was approached by Le Geyt who challenged him aggressively for no apparent reason. 

CCTV footage shows a group, including L'Enfant and Le Geyt, walking across the Royal Square where various scuffles took place. 

A member of the public began filming the defendants at Library Place, next to Barclay's Bank.  The footage showed L'Enfant and Le Geyt push and grab each other.  Le Geyt aimed a kick at L'Enfant.  They both fell to the ground, with L'Enfant on top of Le Geyt.  L'Enfant punched Le Geyt to the upper body/head area a total of 5 times (affray).

L'Enfant then left with the two others.  Moments later Le Geyt is seen to get up and pursue them.  Le Geyt is seen coming around the corner from Bond Street onto Mulcaster Street, holding a plastic traffic sign pole.  L'Enfant did not see Le Geyt run towards him, raise the pole over his shoulder and strike his upper body from behind (grave and criminal assault).  Le Geyt swung the pole again, did not make contact with anyone, but continued to pursue L'Enfant. 

A police officer attempted to stop Le Geyt but he pulled away and the officer gave chase around La Route De Fort road, weaving between bollards, crossing the two lanes of traffic and causing cars to stop before being stopped and taken into custody. 

L'Enfant was examined and found to have two bruises on his back consistent with being struck by the pole.  There were small abrasions to his knees and more serious abrasions to three fingers on his right hand, with the middle finger having a very deep abrasion.

Le Geyt lost conscious soon after arrest and was taken to hospital.  He discharged himself the next day.  Medical professionals judged that he had lost consciousness the previous evening because of substance misuse and alcohol, not due to a head injury.

Details of Mitigation:

Both defendants have the benefit of a guilty plea and expressed remorse.  L'Enfant has shown good progress in turning his life around, and has the support of his partner and young family. 

Previous Convictions:

Le Geyt has 173 offences recorded against his name between 2002 and 2018.  These include multiple assaults, public disorder offences and multiple breaches of court orders

Conclusions:

Count 1:	12 months' imprisonment, concurrent to Count 2.
Count 2:	18 months' imprisonment, concurrent.

Total:  18 months' imprisonment.

Sentence and Observations of Court:

Count 1:	12 months' imprisonment, concurrent to Count 2.
Count 2:	15 months' imprisonment.

Total:  15 months' imprisonment.

James Barry L'Enfant

1 count of:

Affray (Count 1).

Age:  24. 

Plea: Guilty. 

Details of Offence:

See above.

Details of Mitigation:

See above.

Previous Convictions:

L'Enfant has 29 offences, including one offence of affray and assault on police.  However his last conviction was in 2011.

Conclusions:

Count 1:

12 months' imprisonment, suspended for a period of 2 years.

Sentence and Observations of Court:

Conclusion granted.

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

Advocate I. C. Jones for Le Geyt.

Advocate J. C. Gollop for L'Enfant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        You are both to be sentenced for a count of affray and you, Le Geyt, for a count of grave and criminal assault, both of which took place on 5^th October, 2018.  Both of these offences were in part at least fuelled by alcohol which as you will have been told is an aggravating feature.

2.        The affray followed an altercation between you in the area of the Royal Square, but became more serious in Library Place and it was clearly a very violent exchange.  Indeed one bystander described it as "the most violent attack I have ever seen... it sounded like someone's head was going to be split open."  It involved punches and kicks and grabs.   The Crown has referred to the details in full. 

3.        Le Geyt, you then went and found a plastic traffic sign pole, you ran up behind L'Enfant who was walking away and you struck him forcibly with it on his back.  That, of course, is the grave and criminal assault.  Mercifully the injuries to him were not severe but they could have been much worse. 

4.        Neither of you have good records, and both have previous convictions for violence.  We note the mitigation available to you and both have the benefit of guilty pleas. We have read carefully the Social Enquiry Reports for each of you. 

5.        In the case of Le Geyt, we have listened very carefully to what your counsel has said on your behalf and we have read your very detailed letter of remorse and we accept that that letter is entirely genuine in the sentiments that you express.  For us it offers a good sign for the future. 

6.        L'Enfant, your record is older and we think that you have for the most part turned a corner in your life.  We take your letter of remorse as genuine as well and we note the other letters and documents that have been filed on your behalf.

7.        Drink fuelled violence at night on the streets of St Helier is always treated as serious by this Court, but in the light of the mitigation available we think that the appropriate sentence is for you L'Enfant, for the count of affray, 12 months' imprisonment, suspended for a period of 2 years.  I must therefore give you this warning that in the event that you are before any court of this island for an imprisonable offence, particularly one relating to violence, but an imprisonable offence, then you are at risk of being put into prison and the prison sentence being carried out without further ado. 

8.        For you, Le Geyt, we take the view that prison is an inevitable consequence of your offending.  We see real signs, particularly in the way that we have read your letter, that show that you are reviewing your life and you are looking at things differently than you have done up to now.  The Crown cannot be faulted for its conclusions but we wish to give you a modest amount of encouragement to show that we acknowledge and accept that you are seriously now reviewing your life and wish to put your life in order.  You too will be sentenced to a period of 12 months' imprisonment for the affray and for the grave and criminal assault we sentence you to 15 months' imprisonment, concurrent, making a total of 15 months, instead of the 18 moved for by the Crown. 

Authorities

AG v Burrell and Ors [2003] JRC 209. 

Harrison v AG [2004] JLR 111. 

AG v Cummins [2006] JRC 070. 

AG v Modzelewski [2009] JRC 111.