Jersey Unreported Judgments

Inferior Number Sentencing - drugs, grave and criminal assault, assault, resisting arrest, threatening conduct

[2022]JRC225

Royal Court

(Samedi)

21 October 2022

Before     :

Sir Timothy. Le Cocq, Bailiff, and Jurats Austin-Vautier and Averty.

The Attorney General

-v-

William Watton-Roberts

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

First Indictment

1 count of:

Possessing a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law, 1978 (Count 1).

Second Indictment

1 count of:	Grave and criminal assault (Count 1).
4 counts of:	Assault (Count 2, Count 3, Count 4 and Count 7).
1 count of:	Violently resisting arrest (Count 5).
1 count of:	Threatening or abusive words or behaviour, contrary to 2(1)(b) of the Crime  (Disorderly Conduct and Harassment) (Jersey) Law, 2008 (Count 6)..

Age:  24. 

Plea: Guilty. 

Details of Offence:

First indictment: Possession of cannabis

On 21^st May 2022, the Defendant was found in possession of six grams of cannabis when searched by police.  Made full admissions in interview.

Second indictment:

During the afternoon of 16^th July 2022, the Defendant was at the beach by The Dicq Shack with his girlfriend, Ms Furlong, and a friend.  They had been drinking alcohol throughout the afternoon. Groups of teenagers and families were also at the beach.

As the afternoon went on, the Defendant and his girlfriend began to touch each other sexually, causing Victim 1 (an 18 year old female) and her friends to approach the pair to ask them to stop as it made them uncomfortable.  Ms Furlong apologised, however the Defendant told Victim 1 to "fuck off" and put his middle finger up at her.  He threatened to kill her, and said "I will break her face, I will knock her teeth out".  The Defendant then stood up and punched Victim 1 in the face.  Victim 1 started to walk away, the Defendant followed her, knocked her phone out of her hand, spat in her face and then slapped her right cheek (Count 1).  Victim 1 sustained a small cut to her eyelid from the punch, and a red cheek from the slap.

The Defendant then approached another group of teenagers.  A 15 year old male (Victim 2) intervened as he thought his friend was going to be assaulted.  The Defendant then headbutted him to the forehead (Count 2).  Victim 2 did not sustain any injuries; he did not fall the ground but was knocked backwards in shock.

Police attended and went to arrest the Defendant.  He was described as smelling strongly of alcohol, glazed, unfocused eyes, slurring his words and unsteady on his feet.  He was aggressive and swearing at groups of teenagers around him.  PC Faudemer went to arrest the Defendant, but the Defendant ducked down, pulled away, and then attempt to headbutt PC Faudemer (Count 3).

PC Faudemer pushed the Defendant onto the sand, and APS Le Sueur intervened to restrain the Defendant from kicking out.  The Defendant kicked and kneed APS Le Sueur approximately ten times to the knees, body and thighs (Count 4 & 5).  The officer sustained a broken rib, as well as tenderness and soreness in his knees, legs, elbow and nose, in addition to pain in his back and shoulder from being kicked and kneed.

The Defendant continued to be abusive and erratic towards police and the groups of people around him at the beach (Count 6), and when being taken into a police cell at police headquarters, he became aggressive and assaulted PC Hansford by attempting to kick him and wrapped his legs around the back of the officer's head in a headlock (Count 7).  PC Hansford did not sustain any injuries.

At his first appearance in the Magistrates Court, the Defendant pleaded guilty to Count 1 on the First Indictment, and Count 5, 6 & 7 on the Second Indictment.  He entered not guilty pleas to Counts 1 to 4.

At Indictment, he changed his not guilty pleas to guilty for counts 1 to 4.

 

Aggravating Features

-¢        Assaults on x2 civilians: intoxication; spontaneous attacks on strangers without provocation in the presence of members of the public (including children).  The actions of the Defendant were entirely unwarranted.  Victims 1 & 2 are vulnerable by way of youth.  Victim 2 headbutted which is a dangerous and effective substitute for a weapon, both assaults aggravated by the tirade of verbal abuse (Count 6)

-¢        Assaults on x3 officers - intoxicated and committed in the presence of others whilst officers on duty.  Defendant has a record for assaulting police and emergency worker.

-¢        Violently resisting arrest - aggravated by verbal abuse directed at all parties.

Details of Mitigation:

Guilty pleas entered at the first opportunity to Count 1 on the First Indictment and Counts 5, 6 & 7 on the Second Indictment - full credit.  Entered guilty pleas to Counts 1 to 4 on the Second Indictment later - reduced credit.

Previous Convictions:

Defendant is of poor character.  Convictions for 115 offences.  Of relevance, they include: one conviction in October 2020 for assault by beating of an emergency worker, convictions for assault on a constable in March 2018 and September 2009, one conviction for resisting or obstructing a constable in October 2005, one conviction in June 2018 for common assault, and convictions in January 2011, March 2013, August 2013, July 2014, May 2015, August 2016 and December 2017 for using threatening, abusive or insulting words or behaviour.

The Defendant also has convictions for six drugs offences which comprise of possession of cannabis in July 2009 and possession of a Class B drug (other) in February 2018, April 2018, June 2019 and July 2021.

Conclusions:

First Indictment

Count 1:

1 months' imprisonment (concurrent to the Second Indictment).

Second Indictment

Count 1:	8 months' imprisonment.
Count 2:	5 months' imprisonment, concurrent to Count 1.
Count 3:	10 months' imprisonment, consecutive to Count 1.
Count 4:	2 months' imprisonment, concurrent to Count 3.
Count 5:	3 months' imprisonment, concurrent to Count 3.
Count 6:	2 months' imprisonment, concurrent to Count 3.
Count 7:	5 months' imprisonment

Total:  18 months' imprisonment. 

Sentence and Observations of Court:

First Indictment

Count 1:

1 months' imprisonment (concurrent to the Second Indictment)

Second Indictment

Count 1:	6 months' imprisonment.
Count 2:	5 months' imprisonment, concurrent to Count 1.
Count 3:	10 months' imprisonment, consecutive to Count 1.
Count 4:	2 months' imprisonment, concurrent to Count 3.
Count 5:	3 months' imprisonment, concurrent to Count 3.
Count 6:	2 months' imprisonment, concurrent to Count 3.
Count 7:	5 months' imprisonment.

Total:  16 months' imprisonment

S Crowder Esq, Crown Advocate.

Advocate O.A. Blakeley for the Defendant.

JUDGMENT

THE BAILIFF:

1.        You are to be sentenced today for a number of assaults on teenagers and police officers and for other offences that took place during the afternoon of 16^th July, and in addition you fall to be sentenced for possession of cannabis on the 21^st May.

2.        It is not necessary for us to go through the full detail of your offending which has been referred to fully by the Crown in the summary provided to this Court.  In brief however, it began, whilst misbehaving on the beach, when you got into an argument with some teenagers there.  You punched one, a young woman, on the left hand side of her face with a closed fist, and then followed her knocking her phone from her hand, spitting in her face, slapping her to the right cheek.  At the same time you threatened her and other members of the group.  You then approached another group of teenagers and a young man was head-butted by you in the forehead and was knocked backwards.  You proceeded then to argue with another group. 

3.        The police arrived in the person of PC Faudemer and he noted that you smelt strongly of intoxicants and had glazed unfocused eyes and was shouting at a group of teenagers.  PC Parker and acting Police Sergeant Le Sueur arrived shortly after that and spoke to some of the witnesses.  As a result of what they were told and the visible injuries that they saw, you were arrested by PC Faudemer.  You were then placed in handcuffs but pulled away and attempted to headbutt the officer.  You continued to resist the officers attempts to roll you over on your front and were abusive.  Acting Police Sergeant Le Sueur attempted to restrain you because you were kicking out and you kneed him approximately 10 times in the knees and thighs. 

4.        When you were ultimately taken by a number of officers into custody, you assaulted PC Hansford who was processing your detention.  You refused to leave the van and you were removed by the officer and you attempted to kick him and threatened him, threw your legs into the air, wrapped them around his neck and hit him to the back of his head.

5.        In interview you made some admissions but denied other offences for which you are to be sentenced today.

6.        The young lady, your first victim, sustained a small cut but fortunately no permanent injury.  The Acting Police Sergeant was left was with pain and soreness in various parts of his body and was later found to have sustained a broken rib.

7.        Before the Magistrate's Court you pleaded guilty to the cannabis charge, assaulting PC Hansford, violently resisting arrest and behaving in a threatening or abusive way.  You pleaded not guilty to the assaults on the young lady, the young man, PC Faudemer and Acting Police Sergeant Le Sueur.  We note however, that you pleaded guilty to the assault on the young lady when the charge was reduced from a grave and criminal assault to a common assault and that happened at Indictment where following the amendment to common assault you pleaded guilty to all outstanding counts on the Indictment. 

8.        The possession of cannabis attracts a maximum sentence of 5 years' imprisonment and a fine but you were in possession of only 6 grams and this is a small quantity and outside the normal sentencing guidelines.  For small amounts of personal use we accept the Crown's suggestion that 1 months' imprisonment has been considered appropriate in past cases. 

9.        Turning to the assaults, these were highly unpleasant and must have been frightening for the young people concerned.  You were intoxicated and this played a part in your offending.  As the Court has said on a number of occasions, voluntarily intoxication is an aggravating rather than a mitigating factor and we treat it accordingly.  The young people involved were strangers to you, the young lady was subject to your threats.  This was without any provocation as far as we are able to identify. 

10.      The fact that you headbutted the young man is, we agree with the Crown, serious as a headbutt is a vicious assault and capable of causing considerable injury.  It is fortunate indeed that it did not do so.

11.      With regard to the violently resisting arrest, the Crown has reminded us that consecutive sentences are often appropriate.  In AG v Aubert [2011] JRC 004 the Court said

"...the Crown has quite rightly said that the police are entitled to protection.  They have the unenviable task of trying to subdue people like you who have causing trouble and are being violent when they try to arrest you and naturally during that Police Officers can get injured.  So we are determined that, where there is a violent resisting of arrest, there should normally be a consequent sentence so that you serve an additional prison sentence because of the way you behaved towards the Police." 

And that it seems to us applies with full force in this particular case. 

12.      We agree with the Crown's approach to sentencing and indeed your counsel agreed in principle that it was correct in that Counts 1 and 2 should be sentenced concurrently, 4 and 5 concurrently but consecutively to 1. 

13.      You have a very poor record, including offences of violence, assaulting the police and obstructing the police.  You have used threatening, abusive and insulting words and behaviour in the past as well as having a number of drugs offences on your record. 

14.      You are, of course, entitled to the mitigation of your guilty plea in connection with the cannabis and the assault on PC Hansford, and the resisting arrest and threatening abusive behaviour.  However, you did not plead guilty to a number of the other charges at the earliest opportunity and whilst your guilty pleas are of value and will attract credit, we cannot and do not give your late pleas full weight as a result.  We note, of course, the contents of the Pre-Sentencing Report and that you have a high risk of reconviction.  We note the contents of that report in as much as it relates to your background and we note also that you have expressed regret for the way in which you behaved.

15.      Would you please stand up.  Taking all of these matters into consideration with regard to Count 1 possession of cannabis, you are sentenced to 1 month's imprisonment.  With regard to the Second Indictment at Count 1, the assault on the young lady, you are sentenced to 6 months' imprisonment.  With regard to Count 2, the assault on the young man, you are sentenced to 5 months' imprisonment.  With regard to Count 3, the assault on Acting Sergeant Le Sueur, you are sentenced to 10 months' imprisonment.  With regard to Count 4, the assault on PC Faudemer, you are sentenced to 2 months' imprisonment.  With regard to Count 5, violently resisting arrest, you are sentenced to 3 months' imprisonment.  With regard to Count 6 threatening and abusive words or behaviour you are sentenced to 2 months' imprisonment.  With regard to Count 7, assault on PC Hansford, you are sentenced to 5 months' imprisonment.  The First Indictment, namely the cannabis, will run concurrently with the sentences on the Second Indictment, and as we have indicated the Counts 1 and 2 will run concurrently with each other and Counts 3 and 4 will run concurrently with each other consecutive to Count 1 and Counts 5, 6 and 7 will also run concurrently with the other offences.  This makes a total of 16 months' imprisonment. 

16.      We do not think that we have sufficient information before us to consider a Compensation Order and accordingly do not make one.

Authorities

AG v Aubert [2011] JRC 004

AG v Jones [2021] JRC 290

AG v Picot [2021] JRC 270

AG v Brown (Royal Ct.) [2000] JLR Note 57a

AG v Ollivier [2005] JRC 147

AG v Nicholson [2006] JRC 087

AG v Burnell 1990/052

Mandel v AG [1989 JLR Notes - 11c]

Crime (Disorderly Conduct and Harassment (Jersey) Law 2008

Whelan - Aspects of Sentencing in the Superior Courts of Jersey

Magistrates Court Sentencing Guidelines