Jersey Unreported Judgments

Inferior Number Sentencing - Grave and criminal assault

[2021]JRC123

Royal Court

(Samedi)

29 April 2021

Before     :

R. M. MacRae, Esq., Deputy Bailiff, and Jurats Ronge and Christensen

The Attorney General

-v-

Christopher John Adams

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:  43. 

Plea: Guilty. 

Details of Offence:

The defendant and the victim had known each other for approximately 15 years and had been in a casual relationship.  The defendant had returned to the Island in March 2020 and had stayed at the victim's address for a several months prior to moving into staff accommodation as part of his employment.

 

At approximately 11am on 9^th November 2020, the victim was in her flat with her friend when the defendant and a friend arrived.  The victim was suffering from pneumonia, so the defendant's friend offered to collect her prescription.  The victim gave the defendant and his friend her bank card and PIN to buy cans of lager and they left the flat.

 

At 11pm that night, the defendant and friend returned to the victim's flat with the prescription, three bottles of wine and lager.  They all started to drink during which time the defendant became loud and raised his voice.

 

An argument ensued where the victim was called a "whore" and a "prostitute".  She asked the defendant and his friend to leave her flat, but they refused.  The victim then grabbed the defendant by the jacket and shirt.  The defendant then took hold of the victim's wrist, pulled it towards his mouth and bit her finger, piercing the skin and causing it to bleed.  The victim called the police and asked for the defendant and friend to be removed.  The defendant then called the victim a "whore".  The victim responded by pushing the defendant in the shoulder with one hand, she then grabbed his neck area with both hands.  The defendant then grabbed the victim around her throat with one hand.  Police attended and the defendant and friend left the property.

Details of Mitigation:

Guilty plea (on an accepted basis).

Previous Convictions:

5 previous convictions for 6 offences comprising of two historic offences against the person (wounding - as a young offender - in December 1995 and assault occasioning actual bodily harm in February 2000).

Conclusions:

Count 1:

15 month's imprisonment.

Restraining order sought for a period of 5 years with the following conditions:

1.      The defendant is prohibited from having any contact, direct or indirect, with the victim save that which is inadvertent or unavoidable.

2.      The defendant is prohibited from approaching or following the victim.

3.      The defendant is prohibited from entering any part of the premises known to him to be the home address of the victim or loitering within 50 metres thereof, her current home address.

4.      The defendant is prohibited from entering any part of the premises known to him to be the work address of the victim or loitering within 50 metres thereof.

5.      Should the defendant see or come into contact with Ms McNair in any public or private place he must take immediate action to avoid any breach of this Order.

Compensation order sought in the sum of £500.

Sentence and Observations of Court:

Count 1:

180 hours' Community Service Order (equivalent to 12 months' imprisonment) together with a 12 month Probation Order.

Restraining order granted (as per the Crown's conclusions).

Defendant ordered to pay £250 compensation to the victim with 6 days' imprisonment in default.  £100 to be paid today with the remaining sum within one month.

C. R. Baglin, Crown Advocate.

Advocate F. L. Pinel for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        Christopher Adams you are 43 years old.  On the 9^th November 2020 you committed a grave and criminal assault upon a female victim who was then 52 years old.  You had been in an intimate relationship with her until shortly before the assault took place.  The assault took place in her home where she was entitled to feel safe.

2.        You were both in drink, you having purchased a large quantity of alcohol late that night.  During an argument the Crown has accepted that the victim grabbed your jacket, you grabbed her wrist, pulled it towards your mouth and bit her finger piercing the skin and causing it to bleed.

3.        She telephoned the police on 999, said you were drunk, that you had refused to leave her property and that she would be in touch with "domestic violence" tomorrow.  She was worried that she would lose her accommodation.  You agreed to leave after the call, but the victim wanted you to stay so that you could be escorted off the premises by the police.  You called her a whore, she pushed you, grabbed your neck and then you grabbed her around the throat with one hand and then you left the premises.  The victim reported this assault 20 minutes after you left the property, again by way of a 999 telephone call. 

4.        In her victim personal statement to the court she speaks of additional anxiety that she has suffered as a consequence of the assault upon her.  This assault, particularly in the context of the pre-existing relationship between you, has left her feeling low and vulnerable.  She says, "the fact that the assault took place in my own home has led to permanent reminders preventing me from moving on with my life".  For various reasons she cannot leave the property and therefore she feels trapped.  She suffered pain to the finger that you bit, and to her neck.  She asks the court to impose a restraining order against you, as you know her, her life, and where she lives.

5.        We have had regard to the guidance given by the Superior Number sitting as a Court of Appeal in the case of Coelho v AG [2020] JRC 216.  In that case the court said:

"The domestic context of the offending behaviour makes the offending more serious because it represents a violation of the trust and security that normally exists between people in an intimate or family relationship. ...Domestic abuse can inflict lasting trauma on victims"

6.        The aggravating features present in this case are as follows:

(i)        The existence of a prior intimate relationship between you and the victim that makes this, in our view, an abuse of trust and an abuse of power.

(ii)       Her vulnerability at the time, she was drunk and suffering from pneumonia.

(iii)      She was assaulted in her own home.

7.        You do have previous convictions including for violence, but you have not been in trouble for 20 years.

8.        The Social Enquiry Report says that you are a moderate risk of reconviction and the Spousal Assault Risk Assessment says that you exhibit distorted thinking about domestic abuse.

9.        You indicated a not guilty plea in the court below but in view of your plea of guilty in this court and the contents of your interview we give you full credit for that plea. 

10.      We have listened with care to all that has been said on your behalf and we have read the letters of remorse and the work references provided.

11.      Mr Adams you could not complain at all if you were sent to prison today and the Crown were quite right to move for a custodial sentence, but in view of certain unusual aspects of the facts of this offence we are able to take an unusual course and depart from the court's policy of imposing immediate custodial sentences for offences of domestic abuse in the home.

12.      We are going to impose a sentence of Community Service which is a direct alternative to 12 months' imprisonment and if you fail to comply with that Order or the concurrent Probation Order then you will be returned to this Court and sent to prison.  So we impose an order of 180 hours' Community Service and a concurrent order of 12 months' Probation with conditions that you attend such courses as directed.  Those course are going to include participation in the Jersey Domestic Abuse Programme to examine your attitudes underpinning your behaviours and change your thinking in respect of intimate relationships.  You will be required to undertake alcohol education work with a substance misuse counsellor, your mental health will be monitored, and you will be given support in relation to accommodation and employment if needed.

13.      At the same time, we are wholly satisfied that it is appropriate to make a restraining order as sought by the Crown in order to protect the victim and that order is for the period of 5 years.  We have regard to the relevant statutory provisions and we are entirely satisfied that it is appropriate to make that order.  That means no further contact direct or indirect with the victim and in the unlikely event that she contacts you, you must have no contact with her, you cannot approach her, or follow her, enter any premises that are her home or even come within 50 metres of her home, or go to her work or go within 50 metres of her work.  If you see her in a public place you must take immediate action to avoid her, and if you breach that order that is a separate offence and you are liable to imprisonment for up to 2 years.

14.      We also order you to pay compensation in the sum of £250, £100 today and the balance within 1 month of today.  If you fail to do so you will be liable to a sentence of 6 days' imprisonment in default.

Authorities

Coelho v AG [2020] JRC 216. 

Harrison v AG [2004] JLR 111

AG v Rawlinson [2019] JRC 121

AG v Nicolle [2018] JRC 139

AG v Ramos [2016] JRC 057

Whelan, Aspects of Sentencing (Third Edition) (extract)