Jersey Unreported Judgments

Inferior Number Sentencing - grave and criminal assault.

[2019]JRC179A

Royal Court

(Samedi)

16 September 2019

Before     :

J. A. Clyde-Smith OBE., Commissioner, and Jurats Ronge and Austin-Vautier

The Attorney General

-v-

Marion Fay Michel

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

1count of:

Grave and criminal assault.

Age:  54

Plea: Guilty.

Details of Offence:

At the time of the offence the defendant and victim had been in a relationship for some 33 years although it was a platonic relationship from 1999 onwards as a result of the defendant stabbing the victim.  The defendant had a long history of mental illness and was diagnosed with schizophrenia after her conviction for grave and criminal assault in 1999.

 

On 13^th August 2018, in the morning, the defendant asked the victim if he would like a coffee.  The victim confirmed he did.  At the time the victim was sat in a chair in the living room and the defendant put the coffee down next to him before returning to the kitchen.

 

The defendant returned to the living room and the victim felt a massive "whack" to the back of his head.  The defendant was holding a 9-10 inch kitchen knife.  The defendant attempted to stab the victim again in the head and in an attempt to defend himself the defendant was stabbed in the right arm and sustained cuts to his hands.  A struggle ensued.  The defendant continued to try and stab the victim.  The victim eventually managed to extract the knife from the defendant and the defendant on seeing the victim bleeding then attempted to help the victim.

 

The victim sustained lacerations to the head, a small stab wound to the chest and three stab wounds to the right forearm.  The broken tip of the knife was also found to be embedded in the victim's head.

 

The defendant was initially remanded in HMP La Moye and was transferred to Brockfield House, following an order of the Court in December 2018 in accordance with the Mental Health (Jersey) Law 2016 ("the 2016 Law").

 

On 23 May 2019 the Court found the defendant was found fit to plead and the defendant entered a guilty plea.  The Court made an interim treatment order, pursuant to Article 64(1) of the Law and the Court ordered the continued remand of the defendant at Brockfield House.

Details of Mitigation:

Guilty plea. 

Previous Convictions:

One previous conviction for committing a grave and criminal assault against the same victim in 1999. 

Conclusions:

Order sought pursuant under Article 65 of the Mental Health (Jersey) Law 2016 that the defendant be admitted to and detained in a specified approved establishment for treatment with special restrictions until further order of the Court;

Order sought that reports shall be provided pursuant to Article 68(6)(a) of the Mental Health (Jersey) Law 2016 on a recurring time period of six months from the date hereof;

Order for destruction of the knife sought.

No order for costs sought.

Sentence and Observations of Court:

Ordered that the defendant be detained for treatment pursuant to Article 65 of the 2016 Law to be carried out at Brockfield House, Essex, United Kingdom an approved establishment in accordance with Article 5 of the 2016 Law where the defendant is already present by virtue of the Court's previous orders.

Ordered that the defendant shall be subject to a restriction order in accordance with Article 68 of the 2016 Law and that the defendant should not be discharged, transferred or granted leave of absence from Brockfield House.

Ordered the defendant shall be examined by her responsible medical officer at intervals of not less than 6 months and that written reports of such examinations be sent to Her Majesty's Attorney General containing medical officer's opinion as to whether the restriction order should continue in effect and opinion as to where any further treatment of the defendant is to be carried out.

Ordered the forfeiture and destruction of the knife.

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

Advocate R. C. L. Morley-Kirk

Advocate V. S. Milner as Amicus Curiae.

JUDGMENT

THE Commissioner:

1.        Firstly, we confirm the finding of the court on the 23^rd May, 2019 that the defendant is fit to plead and the defendant has today through counsel confirmed her plea of guilty. 

2.        This is the first occasion in which the court has been asked to make a final treatment order under Article 65 of the Mental Health (Jersey) Law 2016 combined with a restriction order under Article 68 and we are therefore going to issue a written judgment which will be handed down in due course.  We are therefore going to limited ourselves today, simply to announcing our decision. 

3.        Suffice it to say, that the court is satisfied that the level of culpability on the part of the defendant is such as to justify the making of a treatment order as opposed to the imposition of a sentence of imprisonment or other penalty. 

4.        We therefore grant the conclusions of the Crown and;

(i)        make a treatment order under Article 65 for the defendant to be detained in Brockfield House, an approved establishment, where she has already been admitted and;

(ii)       make a restriction order under Article 68 so that the defendant cannot be discharged, transferred or granted leave of absence from Brockfield House unless by Order of the Court and;

(iii)      further order that the defendant be examined by the responsible medical officer at intervals of not less than six months and that the written report of such examinations be sent to the Attorney General containing the responsible medical officer's opinion as to whether the restriction order should continue in effect, and opinion as to where any further treatment of the defendant is to be carried out. 

5.        The precise terms of those orders are delegated by the court to the Commissioner to determine with counsel following the draft that has been handed up today.  

6.        We would like to thank Professor Eastman, Dr Bisht and Dr Engelbrecht for their very valuable assistance in dealing with this case.  

7.        Destruction of the knife ordered.  

Authorities

Mental Health (Jersey) Law 2016

AG v Michel [2019] JRC 031. 

AG v Michel [2019] JRC 160

Mental Health Act 1983

R v Birch [1990] 90 Cr App R (S) 78

R v Vowles [2015] 2 CrAppR (S) 6

Crown Court Compendium Part II

Sentencing Council, Sentencing Offenders with Mental Health Conditions or Disorders - for consultation only