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Jersey Unreported Judgments
You are here: BAILII >> Databases >> Jersey Unreported Judgments >> The Attorney General v Charley Mills [2021] JRC 289 (18 November 2021)
URL: http://www.bailii.org/je/cases/UR/2021/2021_289.html
Cite as: [2021] JRC 289
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Before : |
R. M. MacRae Esq., Deputy Bailiff, and Jurats Ronge, Austin-Vautier and Hughes |
The Attorney General
-v-
Charley Mills
Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 2nd July, 2021, following guilty pleas to the charges and the First, Second and Third Indictment and following conviction at Assize trial on the following charge on the Fourth Indictment:
First Indictment
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1 count of: |
Possession of a controlled drug with intent to supply it to another, contrary to Article 8(2) of the Misuse of Drugs (Jersey) Law, 1978 (Count 1). |
Re-Amended Second Indictment
|
1 count of: |
Illegal entry with intent to commit a crime (Count 1). |
|
2 counts of: |
Malicious damage (Count 2 and Count 3). |
Third Indictment
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1 count of: |
Threatening or abusive words or behaviour, contrary to Article 2(1)(a) of the Crime (Disorderly Conduct and Harassment) (Jersey) Law 2008 (Count 1). |
Fourth Indictment
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1 count of: |
Sexual touching without consent, contrary to Article 7(1) of the Sexual Offences (Jersey) Law 2018 (Count 1) |
Age: 26.
Plea: Guilty to the First-Third Indictments. Not Guilty to the Fourth Indictment.
Details of Offence:
First Indictment
On 24th February 2020 in the area of Belmont Road, police officers were preparing to execute a drugs warrant. They noticed the Defendant behaving suspiciously and detained him for a drugs search. He informed officers that he had a "bar of cannabis'' on his car seat, which was found hidden inside a glove. It weighed 57.07 grams.
The officers also seized £205 cash and a small piece of cannabis resin from his right trouser pocket, weighing 853 milligrams.
The Defendant admitted that the cash was from "selling cannabis".
In interview he admitted that he purchased 100 grams of cannabis at a value of £1,100 with the intention of selling it to make profit because he was in a difficult financial position. He claimed he had sold 17 grams of cannabis to date. The Defendant also admitted to having sold "just under'' 5 grams of cannabis that evening to someone to whom he owed money and therefore did not make a profit from that transaction.
He admitted that the £205 cash was from the sale of cannabis.
The drug expert witness's opinion was that the drugs seized would have a combined value of £870-£1,160. The expert also estimated that the street value of 100 grams of cannabis, which the Defendant admitted to having purchased would have been between £1,500-£2,000.
The Defendant provided a basis of plea which was not accepted by the Crown, but it was determined that the proceedings could move to sentencing without the need for a Newton Hearing.
Second Indictment
Between 14th and 18th May 2020, the Defendant illegally entered his former partner's flat ("Miss E"). They had previously separated, and he did not have permission to enter the property (Count 1).
Miss E had left her flat secured on Friday 15th May 2020 to go away for the weekend. She returned on the afternoon of Sunday 17th May 2020 to find the Defendant lying on her bed and damage caused to her flat.
Before leaving, the Defendant smashed a TV unit. He had also caused holes to walls in the lounge and bedroom, a dent in the radiator in the bedroom, damage to a Wi-Fi router box, a hole in a bookcase, and a door hanging off a wardrobe (Counts 2 and 3).
A basis of plea was accepted by the Crown, following the trial in relation to the Fourth Indictment.
Third Indictment
On 6th June 2020, the Defendant was arrested at Havre des Pas, having jumped over the sea wall and into the sea whilst drunk. He was taken to the General Hospital and was treated in Accident and Emergency by a black male nurse.
The nurse carried out a sternum rub on the Defendant as he had been unresponsive. The nurse reported to police officers that the Defendant had sworn at him and threatened to punch him. The Defendant rubbed his knuckles on the nurse's chest. Whilst in the presence of the officers, the Defendant referred to the nurse as "a little fucking dirty black cunt" and "a little fucking dirty spear-chucking cunt.'' The Defendant also said whilst punching his fist into his palm, "he's lucky he didn't get a fucking whack, the little cunt.''
Fourth indictment
On 4th November 2020, the Defendant gained access to his former partner's building (Miss E), in St Helier, whilst subject to a bail condition not to enter the property as a result of the illegal entry charge above.
He was seen loitering on the third-floor landing of the building by Ms C, a 64- year old resident. The Defendant invited her into his ex-girlfriend's flat "for a cuddle''. Ms C was terrified and continued walking past her own flat and down a flight of stairs to avoid the Defendant finding out where she lived. The Defendant followed her. In making her escape, Ms C fell down the stairs and broke a bone in her hand. She knew that her friends, Ms D and the victim, aged 74 and 75 respectively, who also lived in the property, were about to arrive in the underground car park; and she headed there to warn them.
Ms D and the victim returned to the building and went to park their mobility scooters in a storage cage in the car park.
The Defendant walked into the storage cage, stepped towards the victim and started to touch her from behind, rubbing his hands up and down her hips.-¯ His right hand moved around to her back, went underneath her coat and he inserted it into the waistband of her jogging bottoms. She could feel the skin of his hand on the bare skin on her buttocks and his hand went inside her pants.
-¯
His left hand-¯slid across-¯her-¯front-¯and-¯up and under the bottom of-¯her-¯jacket,-¯down the front of-¯her-¯jogging bottoms on the outside.-¯ His hand rested on-¯her-¯crotch for a couple of seconds.-¯ The victim could feel something pressing against her whilst the Defendant was standing next to her.-¯ She thought that it was his penis because it was in the area of his crotch.-¯-¯ She was trapped in the cage with him as he was blocking the door.-¯-¯
The victim and-¯her friend-¯managed to get out-¯of the cage-¯and made their way towards the lift and upstairs. -¯The Defendant followed them and put his-¯hands inside the front of his jogging bottoms, in the area of his genitals, and was "playing with himself".-¯-¯
The Defendant followed them upstairs as he came out of the stairway and walked towards them. The victim managed to close her door, lock it and call 999.
The Defendant was found guilty at trial.
Details of Mitigation:
Guilty pleas to First - Third Indictments, albeit Crown considered that the Defendant attempted to downplay his role in involvement in the supply of drugs and that the plea to the Third Indictment was inevitable in the circumstances.
Good employment record prior to offending and positive employment reference.
Defendant suffered traumatic brain injury in 2010 as a result of a motorcycle accident.
Letter of remorse provided. Strong family support network.
Previous Convictions:
The Defendant had 6 convictions for 19 previous offences, including 3 for malicious damage. No drugs convictions but he had a Parish Hall caution for possession of cannabis.
Conclusions:
First Indictment
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Count 1: |
Starting point 6 month's imprisonment. 4 months' imprisonment. |
Total: 4 months' imprisonment, concurrent to amended Second Indictment total.
Re-Amended Second Indictment
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Count 1: |
Starting point 3 years' imprisonment; 2 years' imprisonment. |
|
Count 2: |
Starting point 6 months' imprisonment; 4 months' imprisonment, concurrent |
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Count 3: |
Starting point 6 months' imprisonment; 4 months' imprisonment, concurrent. |
Total: 2 years' imprisonment, consecutive to Third Indictment total.
Third Indictment
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Count 1: |
Starting point 3 months' imprisonment; 2 months' imprisonment. |
Total: 2 months' imprisonment, consecutive to Fourth Indictment Total.
Fourth Indictment
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Count 1: |
4 years' imprisonment. |
Total: 6 years and 2 months' imprisonment.
Order sought under Article 5(1) of the Sex Offenders (Jersey) Law that a period of 10 years elapse before the Defendant is allowed to apply to no longer be subject to the notification requirements to commence from date of sentence.
Two Restraining Orders sought under Article 5 of the Crime (Disorderly Conduct and Harassment)(Jersey) 2008 preventing the Defendant contacting the victim of the sexual assault and Miss E for an indefinite period.
Declaration of Benefit sought in the sum of £1,705.00.
Confiscation Order sought in the sum of £205.00
Compensation order sought in the sum of £285 for Miss E.
Forfeiture and destruction of drugs sought.
Sentence and Observations of Court:
First Indictment
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Count 1: |
4 months' imprisonment. |
Total: 4 months' imprisonment, concurrent to amended Second Indictment total.
Re-Amended Second Indictment
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Count 1: |
1 year's imprisonment. |
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Count 2: |
4 months' imprisonment, concurrent |
|
Count 3: |
4 months' imprisonment, concurrent. |
Total: 1 year's imprisonment, consecutive to Third Indictment total.
Third Indictment
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Count 1: |
2 months' imprisonment. |
Total: 2 months' imprisonment, consecutive to Fourth Indictment Total.
Fourth Indictment
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Count 1: |
4 years' imprisonment. |
Grand Total: 5 years and 2 months' imprisonment.
Order made under Article 5(1) of the Sex Offenders (Jersey) Law that a period of 7 years elapse before the Defendant is allowed to apply to no longer be subject to the notification requirements to commence from date of sentence.
Two Restraining Orders made under Article 5 of the Crime (Disorderly Conduct and Harassment)(Jersey) 2008 preventing the Defendant contacting Miss E for a period of 7 years and the Victim for an indefinite period.
Declaration of Benefit made in the sum of £1,705.00.
Confiscation Order made in the sum of £205.00.
No Compensation Order made.
Forfeiture and destruction of drugs ordered.
M. L. Preston Esq., Crown Advocate.
Advocate J-A. C. Dix for the Defendant.
JUDGMENT
THE DEPUTY BAILIFF:
1. Charley Mills, you are 26 years old and have previous convictions for various offences, including offences for public order and assault, prior to committing the offences that have led to your appearance before the Royal Court today.
2. You have either pleaded guilty or been convicted by a jury of offences charged pursuant to 4 Indictments and we will deal with each Indictment in turn. The First Indictment, to which you pleaded guilty, charges you with possession with intent to supply of cannabis on 24th February 2020. On that day, police officers saw you acting suspiciously in St Helier and detained you for a search. They also searched your vehicle and you disclosed that you had a bar of cannabis on your car seat, which was recovered, together with a quantity of cash. You said that you had been selling cannabis and that the cash was a result of those sales. The cannabis weighed 57 grams. You said that you purchased 100 grams of cannabis for £1,100 in order to cover the costs of purchase of cannabis in order to fund your own habit and you had sold about 17 grams to others and the £205 seized from you represented some of the proceeds of those sales. The police expert valued the cannabis on your person as worth between £870 and £1,160. You said that you would plead guilty to that offence which you did, and we give you credit for that plea.
3. The Second Indictment relates to offences of illegal entry and malicious damage on 14th to 18th May 2020. Between those dates you illegally entered a block of flats in St Helier. The flats were designated for persons aged 55 and over. Your former girlfriend, Miss E, who was in her mid-20s, lived there as her grandmother formerly occupied that flat. You had separated from Miss E on 13th May and you broke into her flat the next day and she returned home Sunday 17th May to find you lying on her bed and damage caused to that flat. Although she may have understood that you were going to go to the flat, and even entering the flat on the Friday she was surprised and upset to see you there on the Sunday. We have seen the witness statement that she made to the police and we have read from that statement and the Crown's summary of your conduct. You had smashed a TV unit and caused holes to the walls, denting the radiator and damaging other items in the home. Miss E telephoned the police, and you were arrested on suspicion of breaking and entering. In interview you falsely claimed that you had been living at her house and, in interview, further you made no comment.
4. On 8th October 2020, you appeared before the Magistrate's Court in relation to that matter and released on bail and one of the conditions of bail was that you did not enter the flats. You ultimately pleaded guilty to that matter, the offence of illegal entry and the associated offences of causing damage in this Court and we give you full credit for those pleas.
5. On 6th June 2020 you committed a further offence, covered by the Third Indictment. You were arrested for being drunk and disorderly. You were abusive towards police officers. When you were detained you were taken to the hospital because there were concerns for your welfare. You were treated by a black male nurse whom you threatened to punch. You uttered the most appalling racial abuse. This was an offence motivated by your racial prejudice. That motivation is an aggravating feature and in consequence will result in a prison sentence and it will be a consecutive prison sentence to the other offences that we deal with today. Offenders who commit offences which are aggravated by racial abuse should expect to receive a prison sentence and you will receive one today. When you were questioned by the police in relation to this matter, you failed to assist them - making "no comment", but you did plead guilty in this Court.
6. Finally, and of most seriousness, is the offence of sexual touching without consent that you committed on a 75 year old lady in premises that she regarded as her home, on 4th November 2020. This was an offence committed on bail, a further aggravating feature.
7. As we have said, one of the conditions of the bail imposed after the breaking and entering offence was that you should not enter the flats in St Helier. You failed to comply with that condition, and on 4th November 2020 you gained access to the flats when a resident left an external door to the flats open for you. You said that you were visiting your girlfriend, which was false, in that you had no legitimate purpose for visiting the premises at the time. You were seen loitering on the third-floor landing of the flats near to where your ex-girlfriend lived. You made a suggestive remark to a 64 year old woman, asking her if she wanted a "cuddle". She felt, in her words, "sick" and "frightened" and she was so concerned that she made off down a flight of stairs and fell as she did, breaking a bone in her hand. She knew that elderly friends of hers were about to arrive in the underground car park on their mobility scooters which indeed they were, and those old ladies included your victim who had been living in the flats for 20 years and on that day she, and another lady Ms D, who has since died went to a hospital appointment for Ms D and when they returned back to the basement they were putting their mobility scooters in a cage which your victim had had specially built some years before. As they did so, putting their mobility scooters into this storage cage, you reached the underground car park, indecently assaulted your 75 year old victim as she tried to put away her mobility scooter. You did so while her hands were gripping her walker which she uses in order to support herself . You touched her from behind and placed your right hand under her coat and under the waistband of her jogging bottoms, so close that she could feel your hand against the skin of her buttocks in her pants and at the same time you slid your left hand across her front, under her jacket, but over her jogging bottoms, between her legs for a few seconds. She felt like screaming and was terrified. She could not move, she thought you might have a knife. She said that you were drunk and "stank of alcohol". As we have said, her hands were gripping her walker. She wriggled and tried to escape from where you were, in her words "superglued to the side of her". She was shocked and appalled. She could feel something pressing against her whilst you were standing next to her which she thought that it was your penis.
8. The victim and her friend tried to leave the cage and make their way towards the lift so that they could get to a place of safety, namely their flats. You followed them and you were seen with your hands down the front of your jogging bottoms as if you were, in the words of the victim, "playing" with yourself. A witness who arrived on the scene said that your victim looked "petrified".
9. Extraordinarily, you did not choose that moment to leave the premises. You followed the victim back up towards her flat on the second floor. She reached the second floor by using the lift. Her friends said she was "shaken up" during the journey in the lift. She emerged from the lift and walked towards her flat, using her walker, and she saw you walking out of the next lift. She grabbed Ms D and her walker, pulled them both into her flat and closed the door as you were coming towards her. Unsurprisingly she locked the door and called 999 and said what you had done.
10. You were arrested. You were interviewed. During your first interview you gave an entirely false and elaborate story about spending the day fishing at La Collette. You denied your offence in front of the jury and your victim was forced to give evidence again, relive the experience and be cross-examined on your behalf.
11. The Victim Personal Statement in relation to the lady you assaulted says that the offending has had a big impact upon her. She was shaken up and the evidence that she gave and experience she had brought back to an incident of abuse that occurred in her childhood when she was six years old. She cries on a daily basis and is now scared to enter the garage where she lives, particularly in the dark. She has begun to take sleeping tablets and avoids going out.
12. We now turn to consider sentence and will come onto the mitigation in a moment. In relation to the supply of cannabis, we accept in general terms the basis of your plea. We certify the benefit from that offence in the sum of £1,705 and make a confiscation order in the sum of £205. We order the forfeiture and destruction of the drugs.
13. As to the offence of illegal entry and malicious damage, this was a serious offence and we agree that it constituted domestic abuse so far as your ex-girlfriend was concerned. We are going to reduce the conclusions sought by the Crown in order to reflect the total sentence which we regard to be appropriate in your case.
14. We grant the Restraining Order sought in the terms of the Crown but do so for a period, so far as the Restraining Order concerning Miss E is concerned, for a period of 7 years.
15. As to the threatening and abusive words and behaviour aimed at the black nurse who was attempting to attend to your needs in hospital, this was wholly unacceptable, as we have said.
16. Finally, the offence of sexual touching. The maximum sentence is 10 years' imprisonment and there are various aggravating features of this offence:
(i) This was a vulnerable victim - a woman in her mid-70s. At the time she was using a device to help her to walk. She could do nothing, on her evidence, to fight you off.
(ii) This offence took place in broad daylight in the premises which she regarded as part of her home, where she was entitled to feel safe.
(iii) You were heavily affected by alcohol at the time of this offence, another aggravating feature, and you were wearing a hooded top which frightened your victim.
(iv) This was an offence on bail, and
(v) After the assault you followed your victim to her flat.
17. We think it is appropriate to grant a restraining order under Article 5 of the Crime (Disorderly Conduct and Harassment) (Jersey) Law 2008 to prevent you from contacting your victim in future, and we make that order of indefinite duration so the victim will be protected from having any contact with you for the rest of her life.
18. We have read the report from the Probation Service and the psychologist which speaks to the head injury you suffered age of 15 in 2010 and the effect that that has had on your life. This injury was a consequence of you falling off your motorbike and being placed in an induced coma for 10 days. As a consequence, you struggle with your emotions, specifically anxiety and anger, and have adopted poor coping strategies in consequence including the use of alcohol. In custody you are taking anti-depressant medication and you are feeling more stable and optimistic about the future.
19. We have been invited to order that the report of Dr Boucher be released to the prison service to assist with your treatment and we make that order. We also recommend that, if possible, you be assessed by a neuro psychologist specialising in head injuries whilst in custody.
20. As I have said we have read the report of Dr Boucher and we have also seen the moving letters from your mother, from your sister and indeed your letter to the Court. We note and accept that you feel thankful for being placed in custody as your life was spiralling out of control owing to your alcohol addiction, and we note that you promised to take all the steps on offer whilst in custody and to work with the professionals who will, in your words, "turn my life around for myself and more so for the people around me who have unfairly suffered" and it is commendable that that is your intention and we note that since being in prison you have begun art classes, begun attending one to one drug and alcohol counselling and also begun exercising regularly and reading books to promote a healthy lifestyle. We note that whilst at liberty you worked hard as an apprentice stone mason and we hope that one day you can return to that or similar employment.
21. Returning now to the sentences that we will impose, we do so by reference to the Crown's Conclusions. In relation to the First Indictment we impose a sentence of 4 months' imprisonment, concurrent with the other sentences that we are to also impose today. In relation to the Second Indictment; Count 1, illegal entry with intent, for the reasons I have set out we reduce the Crown's Conclusions from 2 years to 1 year imprisonment. Malicious damage, Counts 2 and 3, 4 months' concurrent but consecutive to the First Indictment. Third Indictment, threatening and abusive words and behaviour, we agree with the Crown that bearing in mind the maximum of 3 month's imprisonment for this offence and your guilty plea, the appropriate sentence is 2 month's imprisonment, consecutive. For the offence of sexual touching we impose a sentence of 4 years' imprisonment, making a total of 5 years and 2 months' imprisonment.
22. In relation to the Sexual Offences (Jersey) Law 2018 we order that 7 years must elapse before you are entitled to apply to raise the notification requirements.
23. In the circumstances we make no award for compensation or costs owing to your means.
Authorities
Crime (Disorderly Conduct and Harassment) (Jersey) Law 2008.
Sexual Offences (Jersey) Law 2018.
AG v Moreira [2018] JRC 215
K v AG and AG v F [2016] JCA 219
AG v Dumitrache [2020] JRC 092
AG v Dumitrache [2020] JRC 116
AG v Boot [1995] JRC 235
R v Edwards and Brandy [1996] WL 1092972
R v Brewster & Others [1997] WL 1103901
England and Wales Sexual Offences Sentencing Guidelines
Criminal Justice (Compensation Orders) (Jersey) Law 1994