Jersey Unreported Judgments

Superior Number Sentencing - breach of the peace - resisting arrest - grave and criminal assault - malicious damage

[2021]JRC192

Royal Court

(Samedi)

24 June 2021

Before     :

R. J. MacRae, Esq., Deputy Bailiff, and Jurats Crill, Averty and Hughes

The Attorney General

-v-

Douglas Raymond Ward

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 16^th April 2021, following a guilty plea to the following charges:

First Indictment

1 count of:	Acting in a manner likely to cause a breach of the peace (Count 1).
1 count of:	Violently resisting arrest (Count 2).

Second Indictment

1 count of:	Grave and Criminal Assault (Count 1).
2 counts of:	Malicious Damage (Count 4 and Count 5).
1 count of:	Violently Resisting Arrest (Count 6).

Age:  32. 

Plea: Guilty. 

Details of Offence:

First indictment

On 12^th July 2020, a member of the public called the police due to the defendant's unpredictable nature. The defendant was walking in the direction of Cheapside, waving his arms in the air, shouting, swearing and walking in the road, in front of cars.  At approximately 6:20pm, a police officer arrived and the defendant approached her van, shouting about the coronavirus.  The police officer tried to speak to the defendant, following him and trying to encourage him to speak to her.  Two members of the public were concerned about his behaviour and that he was not responding to the officer, and approached them both, to assist if needed.  As they approached, with one putting his hands up, the defendant began to swing around as if to lash out.  The defendant was taken to the floor by the officer and the two members of the public, but he continued to shout, swear and spit.  He was described as having an immense strength and the three struggled to keep him down.  Other officers arrived, after the officer had pressed her emergency transit button, and the defendant continued to shout, spit and was sweating profusely.  A spit hood was placed on him and his legs were restrained.  The defendant told officers to "fuck off" calling them "fucking paedos" and accused them of trying to insert their fingers into him.

 

The defendant apologised for his actions in interview.

 

Second indictment

Throughout the early hours of 31^st July 2020, various calls were made to the police, reporting a noise disturbance at a property on Mont Cochon.  At approximately 8:05am, a single crewed police officer arrived, to find several people in the premises.  He could hear screaming, shouting and crying.  The defendant came down some stairs as the officer was coming up, resulting in them both standing on a very small landing, in front of a large window.  The defendant asked who the officer was, despite him being in uniform, and continuously called him a villain.  Due to the defendant's aggression, the officer requested urgent assistance through his police radio.  The defendant then pushed the officer back towards the downward flight of stairs, to which the officer managed to push the defendant back to keep him at arm's length.  The defendant continued to shout, causing the officer to feel increasingly vulnerable.  The officer warned the defendant that he would use his PAVA spray if the aggression continued but the defendant got closer to the officer, causing him to fear being pushed down the stairs.  The defendant was sprayed with PAVA, but it had no effect and the defendant asked if the officer had anything that worked.  The officer made another request for assistance, but he was unsure if it was heard as the defendant ripped his radio from his shirt and threw it out of the window.  The officer was scared, isolated and feared for his life.  The defendant threatened to bite the officer and his arm brushed over his face, causing blurred vision due to displacing the officer's contact lens.  The defendant then pushed the officer towards the now open window and held him out there.  The officer described being halfway out of the window.  There was a 5.7 metre drop to the ground outside.  Another officer arrived and pulled the defendant off the officer who was out of the window.  The Defendant proceeded to violently resist arrest, slapping one officer and kicking another.  He had to be placed in a spit hood and carried to the police van.

 

The defendant answered mostly no comment to questions related to the incident, however, his conduct in interview caused the interview to be suspended so he could be assessed by a doctor.  The interview was continued the following day and he again answered mostly no comment to questions related to the incident.  The only comments made were that spittle can only be transmitted through blood, that shirts do not cost very much and that people who pay social security and tax pay for police equipment.  He also commented that the police officer who he had held out of the window, had assaulted him.  He displayed no remorse. 

Details of Mitigation:

Guilty plea, albeit three weeks before trial, mental health background and remorse (albeit expressed in a letter to the court for the first time).  This contrasts with a lack of remorse shown otherwise. 

Previous Convictions:

The defendant has five previous convictions for 15 offences between 2006 and 2011.  Relevant previous convictions are two for malicious damage, one grave and criminal assault and one for resisting arrest.

Conclusions:

First Indictment

Count 1:	1 month's imprisonment.
Count 2:	3 months' imprisonment, concurrent.

Second Indictment

Count 1:	3 years and 6 month's imprisonment, consecutive to First Indictment.
Count 4:	3 month's imprisonment, concurrent.
Count 5:	3 months' imprisonment, concurrent.
Count 6:	6 months' imprisonment, consecutive.

Total:  4 years and 3 months' imprisonment. 

Sentence and Observations of Court:

First Indictment

Count 1:	1 month's imprisonment.
Count 2:	3 months' imprisonment, concurrent.

Second Indictment

Count 1:	2 years and 9 months' imprisonment, consecutive to First Indictment.
Count 4:	3 month's imprisonment, concurrent.
Count 5:	3 months' imprisonment, concurrent.
Count 6:	6 months' imprisonment, concurrent.

Total:  3 years' imprisonment. 

Ms R. C. L. Morley-Kirk, Crown Advocate.

Advocate A. M. Harrison for the Defendant. 

JUDGMENT

THE DEPUTY BAILIFF:

1.        Douglas Ward you are 32 years of age and you fall to be sentenced today for six offences, two committed on 12^th July 2020 and four offences committed on bail on 31^st July 2020. 

2.        Dealing with first two offences, namely acting in a manner likely to cause a breach of the peace and violently resisting arrest; on 12^th July 2020, at 6:15pm a member of the public called the police because he was concerned about your behaviour.  You were shouting loudly and abusively on the street in St Helier and the member of the public was concerned that others might feel intimidated by your actions.  Members of the public were concerned and heard you shouting and waving your arms, approaching vehicles and cursing passing motorists who looked frightened.  A women police officer attended at the scene.  You approached her vehicle, shouting about coronavirus.  You were described as angry, highly agitated and not making any sense.  The police officer tried to engage you in conversation asking you if you were alright and encouraging you to talk to her.  You did not cooperate.  Members of the public were concerned and asked the police if they could assist them.  You began swinging your arms as if trying to lash out at the member of the public who assisted first and this gentleman, a former prison officer, and the police officer took hold of you.  You persisted in shouting, swearing and spitting at them.  You were arrested on suspicion of being drunk and disorderly and it took a police officer and two members of the public to restrain you.  The police office pressed the emergency transmit button on her radio for other police officers to come to her aid.  They were needed in order to assist in arresting you and handcuffing you.  You were spitting at the police to the extent that a spit hood was placed over your head to protect the officers from risk of infection.  You were shouting abuse at the officers throughout.  An ambulance was called because of the concerns that you might be under the influence of alcohol or drugs or undergoing a mental health episode.  You refused to cooperate with the paramedics, and you were abusive to them too.  You were carried to a police vehicle and taken to police headquarters.  The police doctor said that you were intoxicated but fit to be detained, and in your police interview you said you had very little memory about the incident but apologised to those who were forced to deal with you.  You were then released on police bail and accordingly the next events occurred on police bail which is an aggravating feature. 

3.        On 31^st July, just after 8:00am calls were made to the police reporting a disturbance at an address on Mont Cochon.  A police officer arrived at the scene on his own, and he made his way up the stairs once he had entered the premises towards the top floor of the building where he could hear screaming and shouting and we have seen in court today the body worn camera footage taken by the police officer.  In the course of the next few minutes he was subjected to an intimidating, frightening and dangerous encounter for which you were solely responsible.  The police officer was in uniform and you could have no doubt about his status as a police officer.  You confronted him on a small landing in the front of a reasonably large window.  You were so aggressive that the police officer made an urgent request for assistance on his radio.  You began to push him down a flight of stairs and he had to push you back.  He then unharnessed his PAVA spray and warned you he would use it if your aggressive behaviour continued.  You ignored this warning and the officer sprayed you with the PAVA which had no effect upon you.  The officer made a further request for assistance on his radio and indeed your own advocate described you as "going on the offensive" which is what you did.  You ripped the officer's radio from his body armour and threw it out of the window leaving the officer now isolated from help and fearing for his life.  You then overpowered him, threatened to bite his arm and then began to push him backwards threw an open window on what was the third storey of these premises.  The top part of the officer's body was out of the window with a long and possibly fatal drop to the courtyard below behind him.  The drop was measured at 5.7 metres which is between 18 and 19 feet.  Fortunately, other police officers arrived on the scene and possibly in the nick of time to prevent the officer being put through this window with catastrophic consequences.  It took three police officers to arrest and restrain you and to rescue the officer.  You were not cooperative, and you resisted arrest. 

4.        You have of course pleaded guilty to the grave and criminal assault, Count 1 on the Indictment, and two counts of malicious damage involving damage to a police radio and two police shirts, Counts 4 and 5, and to resisting arrest, Count 6.  The damage to the police shirts was caused by you ripping the clothing of officers when they were trying to arrest you.  Another attempt was made to use PAVA on you with little effect.  You spat at the arresting officers and again a spit hood was required to be placed upon you.  You kicked one of the officers when they tried to put you in the police van.  This is only a summary of your conduct when you were arrested.  MDMA (ecstasy) was found on you at police headquarters and you ultimately admitted you had taken some prior to this offence.

5.        The police officer was left with physical and mental scars.  The physical injuries were a redness to his chest, his wrist, and abrasions to his left arm and right finger.  A pre-existing shoulder injury was exacerbated with the struggle with you, causing him intense pain which took several weeks to settle down after a course of painkillers and physiotherapy.

6.        When you were interviewed you made largely "no comment" to the questions put to you.  You were shown footage of the assault on the police officer and you said, "that police officer assaulted me".  At the time you displayed no remorse and furthermore in relation to all matters, once you were assessed as being fit to plead, you entered not guilty pleas which you maintained for several months.  It was only on 9^th April 2021, only about two weeks before you were due to stand trial before the jury for four days commencing on 26^th April, that you changed your pleas to guilty to the charges for which you fall to be sentenced today.

7.        The credit we give you for those guilty pleas is reduced by reference to the lateness of those pleas.  We have considered the effect on the police officer of the assault upon him which is set out in the evidence before us.  The incident had a significant and lasting effect upon him in a way that he could never have anticipated.  He is a police officer who has served the public for some 19 years and had never experienced a situation that made him feel so vulnerable, isolated and in such fear.  As a serving police officer we do not think it appropriate to set out in any more detail the effect upon him of his assault, but it has been significant and extended to various aspects of his life.

8.        We note that you are not a man of good character and have previous convictions for violence, including an offence of grave and criminal assault in 2007 to which you were sentenced to 9 months youth custody by this court, and subsequent convictions - although none for the last 10 years. 

9.        We have read the report of Dr Englebrecht and have had regard to the Social Enquiry Report.  As the Court has said previously, police officers acting in the execution of their duty are entitled to the protection of the courts.  Assaults upon serving officers will result in custodial sentences absent exceptional circumstances and such sentences are likely to be substantial in the case of grave and criminal assault.

10.      We note and have regard to the reference to the tariff range for grave and criminal assault set out in the case of AG v Norris [1982] JRC 095.  Although no weapon was used in this case you attempted to defenestrate the police officer, pushing him backwards out of a window with a substantial drop below.  This was extremely dangerous, and your Advocate said that you put the police officer at enormous risk.  Furthermore, you committed these offences whilst on bail for public order, assault and resisting arrest offences at a time when you had voluntarily taken ecstasy which you knew was likely to aggravate your diagnosis of paranoia and schizophrenia.  We note you have a higher risk of reconviction, and display an absence of remorse - although we have read and taken into account the letter of remorse you have written to the Court.

11.      We are pleased to note that whilst in custody you have enrolled in a behavioural awareness program to help you avoid offending in the future, a functional skills course which will, if it goes well, enable you to take an Open University Course and that you hope whilst in custody to complete your plumbing apprenticeship.  It will be commendable if you achieve these things.  We urge you to take the medication that you have been prescribed and continue to do so on your release.  We hope that you continue to enjoy the support of your family, particularly your mother whose letter we have read.

12.      We agree with the Crown that only a substantial custodial sentence is warranted in this case for the reasons that we have set out and the sentences that we impose are as follows.  In relation to the First Indictment; Count 1, 1 month's imprisonment; Count 2, 3 months' imprisonment, concurrent making a total of 3 months' imprisonment on the First Indictment.  The sentence on the First Indictment to run consecutive to the sentence on the Second Indictment.  On the Second Indictment; Count 1, grave and criminal assault you will go to prison for 2 years and 9 months.  Count 4, 3 months' imprisonment, concurrent.  Count 5, 3 months' imprisonment concurrent.  Count 6, 6 months' imprisonment concurrent making a total sentence on that Indictment of 2 years and 9 months imprisonment, and a total sentence of 3 years' imprisonment. 

Authorities

Harrison v AG [2004] JLR 111

AG v Driscoll [2005] JRC 083

AG v Norris [1992] JRC 095

AG v Lloyd [2021] JRC 096

Mandel v AG [1989] JLR Notes-11e