Jersey Unreported Judgments

Inferior Number Sentencing - grave and criminal assault.

[2022]JRC127

Royal Court

(Samedi)

10 June 2022

The Attorney General

-v-

Callum William Robertson

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

Age:  33. 

Plea: Guilty. 

Details of Offence:

On 31^st July 2021, in the middle of the afternoon, the Defendant and his brother engaged in a violent, prolonged attack on each other at Bonne Nuit Pier.  The fight lasted nearly 20 minutes, during which the Defendant bit his brother's hand.  The violent attack was witnessed by members of the public.  He appeared to be intoxicated, was using foul language and made them uncomfortable.  The pair had arranged to go paddle boarding.  His brother was in a VW Transporter van.  CCTV showed the Defendant slide onto his stomach, into the van.  He attempted to drag his brother out of the van by pulling on his shorts.  The Defendant's behaviour was described as "relentless antagonising" of his brother.  The Defendant pulled at his brother again from the side door of the van, causing the door to come off its runners, and the pair began to fight, punching each other whilst shouting and swearing.  The Defendant then bit his brother on the hand.  The Defendant was knocked to the ground and kicked to the head, knocking him unconscious.  Members of the public administered first aid and the Police and Ambulance were called.

When the Defendant regained consciousness, he was aggressive and abusive to those trying to help him.  He walked away, with his brother following, and tried to climb over a wall which had a 15-20 metre drop on the other side, before being pulled away.  The pair appeared to calm down but then began to wrestle again.  The Defendant was punched to the face and kicked to the legs. He fell and his face was held into the ground.  When he managed to get to his feet, his brother picked him up and dropped him to the ground headfirst, knocking him unconscious for a second time.  Witnesses described the drop as "like a brick being thrown on the floor". 

NOTE: The Defendant's brother pleaded not guilty to grave and criminal assault arising out of the same incident.  He argued self-defence/defence of another/defence of property but was convicted by the Jury on 29^th September 2022.

Details of Mitigation:

Guilty plea, no previous convictions.

Previous Convictions:

Motoring and drug matters dealt with at Parish Hall Enquiry.

Conclusions:

Sentence and Observations of Court:

Ms L. B. Hallam, Crown Advocate.

Advocate G. D. Emmanuel for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        Callum Robertson, you are 33 years old and have no previous convictions.  On the afternoon of 31^st July 2021, you and your brother engaged in a violent attack upon each other in broad daylight at Bonne Nuit.  You were drunk, having consumed a quarter litre of gin.  Your behaviour frightened members of the public, including children, who witnessed it.  After a verbal altercation between the two of you, you punched each other and you bit your brother Jake on the hand. 

2.        Your brother Jake is 25 years old and was jointly indicted with you, but today has been given leave to change his plea from guilty to not guilty and will be tried by jury later this year.  You have asked that you be sentenced now, and we think it appropriate to do so to avoid you having to wait until the conclusion of your brother's trial and any consequential adjournment for sentence. 

3.        After you bit your brother on the hand, he knocked you to the ground and kicked you in the head.  Thereafter you suffered further violence at his hands, about which we will say nothing further because that will be a matter for the jury to consider in due course.

4.        When the police arrived, having been called by concerned members of the public, they found you on the ground being looked after by members of the public. 

5.        As a consequence of you biting him, your brother received a curved, jagged laceration suggestive of a human bite-mark and other more minor injuries. 

6.        At interview you made no comment, but you pleaded guilty at the first opportunity when you appeared before the Magistrate's Court on 24^th March of this year.  Accordingly, you are entitled to - and receive - full credit for your plea of guilty.

7.        Notwithstanding your appearances before the Parish Hall for various matters, we treat you as a man of hitherto good character. 

8.        We have read the pre-sentence report prepared on your behalf with care.  You have little memory of the assault; you express regret and remorse for what you did, and the fact that members of the public - who were entitled to enjoy what was otherwise a quiet afternoon at Bonne Nuit Bay - found your behaviour and that of your brother to be shocking.  You feel ashamed that young children and families witnessed your conduct.  You have had various struggles with alcohol and your mental health, and ever since the offence was committed you have made positive changes in your life.  You have drastically reduced your alcohol consumption; you continue to run your own business, though unfortunately it is currently in debt. 

9.        The risk of reconviction is assessed as being low in your case.  We accept the assessment of the Probation Officer that this behaviour was out of character.

10.      The Crown has moved for an immediate custodial sentence in your case.  This was a prolonged, violent episode, committed by you and your brother in front of families with children who were trying to enjoy a day on the beach.  Witnesses have described the incident as "sickening".  The Crown moves for a sentence of 15 months' imprisonment, having regard to your guilty plea and other mitigation available to you.  You could have no complaint if the Court imposed such a sentence today, and we agree that in principle 15 months is the correct sentence.  Your counsel agrees that the custody threshold has been passed.  Indeed, had you not pleaded guilty at the first opportunity, then you would undoubtedly have received a prison sentence and a longer one than moved for by the Crown today.

11.      However, having regard to all the circumstances of this case, you have narrowly avoided custody today and we impose 210 hours' community service as a direct alternative to a period of 15 months' imprisonment.

Authorities

Coelho v AG [2020] JRC 216. 

AG v Freitas [2020] JRC 053A. 

AG v Ramos [2016] JRC 057. 

Harrison v AG [2004] JLR 111.