Jersey Unreported Judgments

Inferior Number Sentencing - grave and criminal assault

[2023]JRC019

Royal Court

(Samedi)

3 February 2023

The Attorney General

-v-

Damien John Michael Stearn

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

Age:  34. 

Plea: Guilty. 

Details of Offence:

The Defendant assaulted the victim in a friend's flat in the middle of the afternoon.  It was a violent and sustained attack which lasted around ten minutes with multiple blows.  The assault was entirely unprovoked and the Defendant was under the influence of alcohol at the time.

The Defendant attacked the victim as soon as he walked through the door by punching him in the face.  The victim fell to the floor and was knocked unconscious, hitting his head on a table as he fell.  The Defendant continued assaulting the victim punching him and elbowing him.  Whilst the victim was on the floor the Defendant twisted the victim's right leg, holding his ankle in one hand and his kneecap in his other arm.  The Defendant left when one of the eyewitnesses called the police.  The victim suffered a fractured right knee, lacerations to his face including one to his lip and eyebrow (which required gluing) and various bruising.

Details of Mitigation:

The Defendant pleaded guilty on first appearance on a basis for which he was given full credit.

Previous Convictions:

The Defendant has two previous convictions for grave and criminal assault.  Previous convictions for malicious damage, receiving stolen goods and possession of an offensive weapon.

Conclusions:

Restraining order sought for a period of 5 years. 

Sentence and Observations of Court:

Conclusions granted. 

Ms C. L. G. Carvalho, Crown Advocate.

Advocate M. P. Boothman for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        Damien Stearn, you are 34 years old and have a number of previous convictions, including convictions for violence.  You last appeared before this Court in February 2014 when you were sentenced to 21 months imprisonment for an offence of grave and criminal assault.  We note that was an offence that you committed when you were drunk, and on that occasion the Court described that as a "nasty assault" with you punching your victim repeatedly to the head and upper body.  Wwe observe from the report that you were found, in that case, not to show genuine remorse or victim empathy and did not take full responsibility for your actions, notwithstanding your guilty plea.

2.        You fall to be sentenced today for another savage assault committed in drink on a victim, who was aged 43 at the time, at a flat in St Helier on 8 September 2022.

3.        You had been drinking with others, mainly vodka, for some hours prior to the assault.  Your victim contacted one of the people you were drinking with and asked that man, Mr Bree, if he could go to Mr Bree's home where you were.  The victim had been staying in Mr Bree's flat for the last 2 to 3 months.

4.        As the victim arrived, at what was in effect his temporary home, you immediately launched an attack on him.  You punched him in the face.  The victim fell to the floor and was knocked unconscious, hitting his head on a table as he fell.  You assaulted him for approximately 10 minutes, punching him and elbowing him to his face and body whilst he was completely defenceless on the floor.  This was a cowardly act.

5.        Mr Bree shouted for his father and they both tried to pull you off your victim.  Your response was to say, "if you don't stop, you'll be next".  You were described as "raging" by your friends.  Whilst your victim was on the floor you twisted his right leg, holding his ankle in one hand and his kneecap in the other.  You broke his leg at the knee.  Mr Bree was worried that you might kill your victim and when he phoned the police, you ran away.

6.        Afterwards, the victim appeared to be choking on his own blood and Mr Bree put his finger into his mouth to stop him choking on his tongue.

7.        Your victim was taken to hospital and his injuries included lacerations and bruising to his face and arm and a fractured right knee which was put in a knee immobiliser.

8.        We have a statement from the victim as to the effect of the assault upon him.  He described it as a "vicious assault that changed my life".  He has a long-term injury to his right knee and now walks in pain.  He cannot run or dance.  He is reluctant to leave his house to go and see his friends.  He needs to take painkillers and he asks for a Restraining Order against you as the thought of seeing you again makes him feel unsafe.  We note that you do not oppose that restraining order and we make it for the period of 5 years in the terms sought by the Crown. 

9.        You were arrested at the home of your girlfriend.  The arresting officer saw blood on your right hand.  You said that you had fallen over which of course was not the case.  When you were interviewed you made no comment but you pleaded guilty at the first opportunity for this offence and you will receive full credit for that plea.

10.      The Pre-Sentence Report prepared for today indicates that you accept you committed a serious assault on the victim but the Probation Officer agrees with the conclusion of the Forensic Psychologist in respect of the previous assault you committed, that you do not take full responsibility for your offending.  You recount the incident in a matter-of-fact fashion and gave the Probation Officer the impression of "having normalised, to an extent, this type of violent behaviour".  You told the Probation Officer that you were asked to commit this assault.  Whether or not that is true, it is absolutely no mitigation.  You told the Probation Officer "in some ways I just wanted to go to prison and I thought this would hurry it up".  The Probation Officer describes this as a "dangerous attitude" and says you have a "distinct moral ambivalence" about your behaviour.

11.      You have a difficult background and on any view an extremely challenging starting in life about which we have read with care and is set out in the report.  You have a long-term addiction to alcohol and the likelihood of re-conviction in your case is high.  You pose a risk to members of the public when you are drinking.  We are encouraged to hear that you are in a relationship, and we hope that lasts and will assist you when you are released from custody.

12.      This was a deliberate, unprovoked, sustained assault causing serious injury, leaving your victim with injuries that are long-term in effect and cause him substantial limitations.

13.      This offence is so serious that only a custodial sentence is warranted and the sentence we impose is 2½ years imprisonment. 

14.      We hope that you make good use of your time in custody and urge you to accept some of the offers of support that you will receive whilst there.

Authorities

Harrison v AG [2004] JLR 111. 

AG v Nicolle [2020] JRC 201. 

AG v Stearn [2014] JRC 036.