Jersey Unreported Judgments

Inferior Number Sentencing - assault - malicious damage

[2023]JRC012

Royal Court

(Samedi)

20 January 2023

The Attorney General

-v-

CC

Sentencing by the Inferior Number of the Royal Court, following conviction at Assize trial and earlier guilty pleas to the following charges:

Age:  16.

Plea: Not guilty to Count 2 and Count 4.  Guilty to Counts 5, 6 and 7.

Details of Offence:

The Defendant was residing in Greenfields, serving a sentence of youth detention for offences including an offence of violence.  His behaviour became heightened, over a period of one and a half hours, causing the staff to need to escort him to his room.  During this he assaulted two members of staff.  He punched, kicked, headbutted and bit one member of staff, causing minor injuries (bruising to the arm and a cut/abrasion of the leg (Count 2).  He bit another member of staff through her jumper, causing no injury. (Count 4).  He was charged with two grave and criminal assaults in respect of these two offences, however the jury convicted him of assault.

Over the period of the week that followed these assaults, the Defendant caused damage to the walls of two rooms at Greenfields.  The damage to the first room was so severe that he had had to be moved to the second room.

After these incidents a decision was taken by the placement panel to move the Defendant to La Moye prison, where in view of his age, he was segregated from other prisoners, other than for periods of supervised association.

Details of Mitigation:

Matters contained in the Pre-Sentence Report and a psychological report.  All professionals who had been working with the Defendant agreed that his behaviour in prison was extremely positive, which was significant given that his remand status would have been very difficult for him.  One reason for his behaviour leading to these offences was that he had been informed that if he remained at Greenfields he would not be able to benefit from the rules concerning remission as he would if he had been in La Moye.  Supportive foster parents who were willing to have him back. A detailed discharge plan aimed at helping him to continue the positive progress that he had made.

Previous Convictions:

Extremely poor record.  Over the past 30 months he had been sentenced for 33 offences, including offences of violence.

Conclusions:

Total:  8 months' youth detention.

Restraining order sought under Article 5 of the Crime (Disorderly Conduct and Harassment) (Jersey) Law 2008 for a period of 5 years in the following terms:

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

b.      The Defendant is prohibited from approaching or following the victim;

(a. and b. apply save and except in the event the Defendant is remanded to, or otherwise accommodated in Greenfields.)

c.      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;

d.      Should the victim take employment, anywhere other than Greenfields, 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;

e.      Should the Defendant see or come into contact with the victim in any public or private place (other than Greenfields on the terms set out above) he must take immediate action to avoid any breach of this Order.

Sentence and Observations of Court:

Conclusions granted.

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

Advocate J-A. C. Dix for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        We are going to tell you at the outset, just so you can hopefully listen to what we come to say in due course, that we are going to grant the Crown's conclusions which means you will receive 8 months youth custody on the assault charges, 1 month concurrent on the damage charges and you will be released today.  We are required to give reasons and if it is easier you can sit down with the officers and listen to what we have to say.

2.        I should say at the outset that you are only 16 and you were 15 when you committed these offences and it gives the Court no pleasure to pass a custodial sentence at all in relation to someone so young but, as the Probation Report says, in the past 2½ years you have appeared in the Youth Court for sentence on five occasions and the Royal Court for sentence on two occasions for well over 30 offences. 

3.        In July 2020 the Youth Court sentenced you to Probation for offences including grave and criminal assault and common assault.  You breached that order and in March 2021, the Youth Court gave you a further Probation Order which you breached.  You appeared again in May 2021 for five offences including grave and criminal assault and common assault and for breach of the Probation Order.  In July 2021 the Youth Court bound you over also for another offence of common assault and then you appeared before this Court in January last year and were sentenced to 9 months' youth detention. 

4.        You were to serve that sentence at Greenfields and it is at Greenfields that you committed these offences.  The offences of assault are serious offences, and on 30^th March last year whilst you were at Greenfields with four staff members on duty, your behaviour deteriorated in the afternoon.  You caused damage to various items in the communal area, a social worker came to see you and the staff became aware that you had removed some blades from your beard trimmer.  When you were asked to hand them over you refused.  You threatened to damage some glass panels in the communal area and in consequence you were locked into a corridor to protect the staff and the property at Greenfields.  Another member of staff, who gave evidence to the Jury, arrived to try and calm things down.  You surrendered some of the blades you had and ultimately, after an hour and a half, the decision was taken to move you back to your room and that was done as gently as the staff were able to, using approved escort techniques.  In the course of attempting to take you to your room you assaulted two of the officers who work at Greenfields.  You headbutted, kicked, punched and bit Staff member 2 and attempted to bite Staff member 1.  Staff member 2 suffered injury and described you as being "extremely violent" at the time.  People who work in units such as Greenfields deserve the protection of the Court.

5.        Owing to the other offences of malicious damage you committed at the Greenfields and the assault to which we have just referred you were transferred to La Moye.  La Moye, as the Court has previously said on other occasions, is not a suitable environment for someone of your age, particularly in the absence of appropriate and tailored young offender facilities there but, happily as we have heard today, you have made progress at La Moye.  The prison officers speak of your enthusiasm and your good behaviour.  The Probation Officer who is in Court today confirms that she has seen you mature and her report speaks of a marked improvement with the way you interact and engage with those around you.  You have continued with your education in custody and you have demonstrated a real interest in horticulture; spending many hours in the prison gardens and we have seen photographs of some of your work.  You have kept in regular contact with your mother who is here in Court to support you today.  You have kept in contact with friends and today in Court there are the two foster carers who are looking forward to having you home later today and I am sure you are looking forward to spending time with them and of course your mother.

6.        You remain at high risk of committing further offences and it is hoped that the support that you will get on your release together with your own efforts will reduce the risk of that. 

7.        In view of your previous experience on probation and your wish not to engage in Community Service those are not options available to the Court and we agree with the Crown that the statutory conditions for the making of an order requiring you to serve a sentence of youth custody are met.  Youth custody is always a last resort but unfortunately the Court has no option but to impose such a sentence upon you today.  That sentence will ensure your immediate release and the plan for your release devised by the Probation Service includes:

(i)        A return to your foster placement,

(ii)       The Intensive Youth Support Team to implement a bespoke package of support including vocational studies, possibly some voluntary work and for your foster carer's scaffolding firm

(iii)      Miss Myles to meet you twice weekly to encourage you to engage in education and other activities.

(iv)      Your personal officer at La Moye, Mr Scott, is going to remain involved in your life and support you in your transition back to the community.

(v)       You will receive support from Children's Social Care and of course your mother. 

8.        We are delighted that you have the support of your foster carers.  They are in Court today and we have heard from them.  They are happy to have you back.

9.        CC, you are only 16.  It is the wish of everyone here in Court, every one of us, that we do not see you in Court again.  So we urge you to take advantage of the support you are going to be given and do your best to ensure that does not happen.

10.      We make the restraining order in the terms sought by the Crown, having regard to the evidence of the Complainant in his statement. 

Authorities

AG v Harben and Harben 2001/34

Harrison v AG [2004] JCA 046

AG v Y [2022] JRC 002

Criminal Justice (Young Offenders) (Jersey) Law 2014

Crime (Disorderly Conduct and Harassment) (Jersey) Law 2008