Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
Jersey Unreported Judgments
You are here: BAILII >> Databases >> Jersey Unreported Judgments >> AG v Sokolowski [2023] JRC 056 (14 April 2023)
URL: http://www.bailii.org/je/cases/UR/2023/2023_056.html
Cite as: [2023] JRC 056, [2023] JRC 56
[New search] [Help]
Inferior Number Sentencing - assault - grave and criminal assault
|
Before : |
R. J. MacRae, Esq., Deputy Bailiff, and Jurats Austin-Vautier and Cornish |
The Attorney General
-v-
Piotr Sebastian Sokolowski
Sentencing by the Inferior Number of the Royal Court, following a guilty plea to the following charges:
|
1 count of: |
Assault (Count 1). |
|
1 count of: |
Grave and criminal assault (Count 2). |
Age: 36.
Plea: Guilty.
Details of Offence:
The Defendant assaulted his former partner twice, once by punching her to the face (assault) and then secondly some four days later he punched her to the face, grabbed her neck and pulled and shoved her by her arm (grave and criminal assault).
The Defendant and the victim had been in a relationship for five years and were living together at the time of the offences.
The first assault occurred after the Defendant returned to the flat and was angry with the victim and punched her once to each side of her face with so much force that she fell to the floor. The Defendant then told her that she did this to herself, and she was acting foolishly and deserved it. She suffered bruising to her right eye.
The second assault occurred four days later. The Defendant came back from work, started yelling at her and then punched her to the face at least three times and then grabbed her by the neck with both hands. The victim sent messages to friend asking them to call the police as she didn't have "enough courage" to be able to do it herself. The police attended and arrested the Defendant.
Details of Mitigation:
Previous good character, guilty pleas but not at first opportunity.
Previous Convictions:
Three driving offences, treated as good character.
Conclusions:
|
Count 1: |
6 months' imprisonment. |
|
Count 2: |
12 months' imprisonment, consecutive |
Total: 18 months' imprisonment.
Restraining order sought to commence from date of sentence for an indeterminate period with the following conditions:
That the Defendant be prohibited from approaching or contacting, directly or indirectly, the Victim, other than any contact which is inadvertent or unavoidable.
Any breach of this Order shall be an offence for which the Defendant will be liable to imprisonment for up to 2 years and to a fine.
Recommendation for deportation sought.
Sentence and Observations of Court:
|
Count 1: |
4 months' imprisonment. |
|
Count 2: |
12 months' imprisonment, consecutive. |
Total: 16 months' imprisonment.
Restraining order made for an indeterminate period in the terms sought by the Crown.
Deportation recommended.
S. Crowder Esq., Crown Advocate.
Advocate C. R. Baglin for the Defendant.
JUDGMENT
THE DEPUTY BAILIFF:
1. You are 36 years old and fall to be sentenced today for two assaults you committed on your former partner, ("the Victim"), who was 38 years old when you assaulted her on 16 and 20 October 2022.
2. At that time, you and your victim had been in a relationship for some five years. You lived together. On the afternoon of Sunday 16 October, you argued with her and punched her once to each side of the face with so much force that she fell to the floor. This took place in the home that you shared together. She was stunned and felt scared. You told her that she had done it to herself, implying that she was responsible for the fact that you had just assaulted her and that she deserved it. She suffered bruising to her eye and you later pleaded guilty to common assault in relation to this incident.
3. Four days later on Thursday 20 October, you came home from work and found your victim in her bedroom. You shouted at her in abusive terms and punched her in the face at least three times and then grabbed her neck with both hands. You assaulted her with such force that you tore the T shirt she was wearing. This was an unprovoked attack. You refused to let her leave her home and she texted a friend asking that friend to call 999 on her behalf. This they did, the police arrived and you were arrested. The injuries to the victim were fortunately limited to bruising. In respect of this incident you have pleaded guilty to grave and criminal assault.
4. In police interview you said that your victim was a good liar and you denied the offences. You compounded those denials by pleading not guilty before the Magistrate's Court on 24 October 2022 and shortly after that your victim purported to withdraw her statement, although the Crown made it clear that they would summons her to give evidence at any trial. When you were indicted in this Court on 6 January 2023, you again pleaded not guilty to both offences. You changed your plea to guilty a month later on 3 February 2023, some three months before you were due to be tried by the jury. You do receive credit for your pleas of guilty but that credit is reduced by virtue of the fact that you pleaded not guilty, both in this Court and when you first appeared in the Magistrate's Court.
5. Owing to a breach of bail and your conviction you have now spent several months in custody.
6. These were deliberate assaults committed in breach of trust by you against a woman with whom you had a long relationship. It is perhaps unnecessary to consider the factors in Harrison v AG [2004] JLR 111 as this was a case of domestic abuse.
7. We have paid close regard to the decision of the Superior Number on appeal in Coelho v AG [2020] JRC 216 and have noted the following aggravating features in this case:-
(i) As we have said this was an abuse of trust and an abuse of power. Indeed, you say in your letter to us that you "abused the confidence placed in me" when you assaulted your victim.
(ii) In relation to the first offence at least you suggested that the victim was to blame.
(iii) You assaulted the victim, on both occasions, in her own home where she was entitled to feel safe.
(iv) You assaulted her on two separate occasions and the sentence for the second offence needs to reflect this additional feature.
8. As the Superior Number said in Coehlo v AG, there is now a greater awareness in the community as a whole of the damaging effects of domestic violence to the victims of such violence, a general abhorrence of such conduct and a need to deter offenders and others from similar offending.
9. You have previous criminal convictions but none for domestic or other violence.
10. We have seen the Victim Statement of the woman you assaulted. She described you as being "very controlling" during the currency of your relationship. She has been left feeling very low after the assaults upon her and also afraid. She asks for a Restraining Order against you which we will grant and you have said through your counsel you do not oppose.
11. The Probation Officer says that you do not fully accept responsibility for your actions and you lack empathy for your victim's experience. It is said on your behalf today through counsel that you are remorseful for what you did, but having regard to the contents of the Probation Report and indeed your letter to us we think that is a very recent declaration of remorse.
12. We have listened with care to the submissions made by counsel, particularly in respect of your strong and good work record. But this was a case of two assaults, the second a grave and criminal assault, committed within a matter of days upon your then partner in her own home. We have no doubt that such offending is so serious that only a custodial sentence can be justified.
13. On Count 1, the sentence of the Court is 4 months' imprisonment. On Count 2, the sentence is 12 months' imprisonment, consecutive, making a total of 16 months' imprisonment.
14. We grant a Restraining Order under Article 5 of the Crime (Disorderly Conduct and Harassment) (Jersey) Law 2008 in the terms sought by the Crown so as to protect your victim and we do so without limit of time.
15. We have also considered the question of deportation. You are a Polish national and we need to have regard to the two limb test set out by the Court of Appeal in the case of Camacho v AG [2007] JLR 462
16. We note your conviction in March 2019 for drink driving and the sentence of community service or three months' imprisonment in the alternative imposed upon you, together with a period of disqualification for 21 months and a fine of £2,000 for an offence of driving without insurance.
17. We note and remind ourselves of the circumstances of these offences too. Overall we are satisfied that, in respect of the first limb of the test in Camacho, your continued presence in the Island is detrimental.
18. We therefore need to consider the effect of deportation on your rights and the rights of your family under Article 8 of the European Convention on Human Rights, as incorporated into our domestic law.
19. You have lived in Jersey for 5 years; you have always worked here and you wish to remain here when you are released from custody. But you have no family ties in the Island. Your daughter, to whom you are close, lives in Poland as do your parents. Balancing matters as we are obliged to, we do not find in the circumstances that any other order is appropriate than to recommend your deportation at the end of your sentence, and that is the recommendation that we make.
Authorities
Crime (Disorderly Conduct and Harassment) (Jersey) Law 2008.