Jersey Unreported Judgments

Inferior Number Sentencing - motoring - resisting arrest.

[2023]JRC064

Royal Court

(Samedi)

28 April 2023

Before     :

R. J. MacRae, Esq., Deputy Bailiff, and Jurats Ronge and Le Cornu

The Attorney General

-v-

James Arnold

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

1 count of:	Causing serious injury by careless driving when under the influence of drink or drugs, contrary to Article 26B of the Road Traffic (Jersey) Law 1956 (Count 1).
1 count of:	Resisting arrest (Count 2).

Age:  25.

Plea: Guilty.

Details of Offence:

On Sunday 19 February 2023, at approximately 7.10pm, the Defendant's vehicle turned the corner from Grenville Street onto La Colomberie, and mounted the left-hand pavement.  He struck three pedestrians.  Pedestrian 1 was propelled upward into the air and landed on the pavement some distance in front of the car.  She was upside down as she was thrown through the air.  Her husband, who was walking beside her, narrowly avoided being struck.  The car continued forward and struck Pedestrian 2 and Pedestrian 3.  Pedestrian 2 was thrown against the wall and fell to the ground.  Pedestrian 3 was thrown upwards and struck the building before landing on the bonnet of the car and falling to the pavement.

 

Various members of the public assisted the pedestrians.  The Defendant assisted Pedestrian 2 by helping him sit in the driver's seat of his car.

 

The Defendant was arrested but became agitated whilst waiting for a paramedic to examine him.  He repeatedly asked why he was being arrested.  Officers attempted to place handcuffs on him, but he continued to ask why he was being arrested, tensed his body and tried to pull away from the officers.  The Defendant elbowed one officer in the stomach, where his glasses were hooked onto, causing them to snap in half.  The Defendant was restrained on the floor.  He refused to be seen by paramedics and to walk to the Police van, so had to be carried by officers.

 

The Defendant provided a breath sample of 70 micrograms of alcohol per 100ml of breath at approximately 8.28pm (about an hour and twenty minutes after the collision).

 

The pedestrians received medical assistance at the scene and were transported to hospital where they were all admitted.  Pedestrian 1 broke her ankle and foot.  Pedestrian 3 broke his fibula and foot.  Pedestrian 2 did not break any bones, however, sustained a haematoma on his pelvis and bruising all over his body.

 

Before the collision, the Defendant had been driving around St Helier for approximately 45 minutes.  CCTV showed the Defendant's car swerving along roads and driving through a no entry sign.

Details of Mitigation:

Benefit of an early guilty plea and no previous convictions. Remorse.

Previous Convictions:

No previous convictions.

Conclusions:

Count 1:	2 years and 9 months' imprisonment and 3 years' disqualification from driving with the requirement to retake the driving test
Count 2:	3 months' imprisonment, consecutive

Total:  3 years' imprisonment and 3 years' disqualification from driving with the requirement to retake the driving test (this disqualification will automatically run from 21 February 2023, when the interim disqualification was imposed).

The Crown submitted that the Court should not make a forfeiture order in relation to the car as it was a write off and an order would transfer the burden and expense of destroying the car to the public purse.

Sentence and Observations of Court:

Count 1:	2 years and 5 months' imprisonment and 3 years' disqualification from driving with the requirement to retake the driving test
Count 2:	1 month imprisonment, consecutive.

Total:  2 years and 6 months' imprisonment and 3 years' disqualification from driving with the requirement to retake the driving test.

No forfeiture order made.  Had the car been roadworthy, an order would have been made.

Ms L. B. Hallam, Crown Advocate.

Advocate O. A. Blakeley for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        James Arnold you are 25 years old and fall to be sentenced for an extremely serious motoring offence.  At ten past seven on the evening of 19 February 2023, you drove your car down La Colomberie when the pavements were busy with pedestrians, where of course they were entitled to feel safe.  You were drunk and you were not in control of the car that you were driving.  In fact over an hour after the incident your breath reading was 70 micrograms, double the limit for drink driving. 

2.        You had been driving the streets of St Helier since half past six and CCTV footage shows your car swerving about three quarters of an hour before the collision.  You drove through a no entry sign in Broad Street.  Your car was seen swerving in Burrard Street.  Just before the incident you drove your car down Grenville Street and then in La Colomberie you mounted the pavement striking three pedestrians with your car.

3.        Pedestrian 1, who was aged 71 at the time was thrown into the air before landing on the pavement.  Pedestrian 3 who is aged 35 was thrown into the air, struck a building before landing on your car where his body cracked the windscreen and then he fell onto the pavement.  Pedestrian 2 aged 28 was thrown against a wall and then fell to the ground.

4.        The footage of your driving, which we have seen again today, can only be described as shocking.  Pedestrian 1's husband thought his wife was going to die and a witness present at the time thought she had been killed as she was not moving and remained motionless for a period. 

5.        The police and paramedics arrived and the three people you injured were taken to hospital.  When you were arrested on suspicion of dangerous driving and driving over the prescribed limit you became aggressive and difficult.  You elbowed a police officer in the stomach causing his glasses, which were held there, to snap in half.  You needed to be restrained on the floor and handcuffs applied.  You refused to be seen by a paramedic and had to be carried to the police van.

6.        As to the members of the public who were injured, Pedestrian 1 spent nine days in hospital and suffered a broken ankle and a broken right foot.  She remains unable to walk far and wears a cast on her left foot and a support boot on her right foot.  She suffers from dizziness; loss of concentration and blurred vision and we have read her victim personal statement today in which she says the collision has had a massive impact upon her.  Her recovery has been "incredibly traumatic"  The recovery process has left her trapped in her own home as she cannot go out, she cannot drive, she cannot collect her great nephews from school and although it is said on your behalf that the injuries suffered by the victims of this offence were not life changing, frankly that is an assessment that is too early to make - certainly in her case.

7.        Pedestrian 3 spent four days in hospital and suffered a broken left fibula and a broken right foot.  He struggles to walk and spent two months on crutches before he could put weight on this left leg and still uses a crutch to walk.  We have also had the opportunity of reading his statement today and the collision shocked him, he still cannot sit in one position, he has been unable to return to work and had to cancel a holiday.  It has caused problems in relationship; he is embarrassed asking his girlfriend for money and he is struggling financially not working and does not know how long his sick pay will last for.  He is still receiving treatment and next seeing a physiotherapist on 2 May.

8.        Pedestrian 2 did not suffer any broken bones but did suffer a haematoma on the right side of his pelvis and bruising all over his body.  He was on crutches for a month.  He is still unable to work and does not know when he will be fit to return to work.  He is receiving financial help from his work and Social Security but again does not know how long that will last.  His haematoma causes him excruciating pain. 

9.        In interview you made no comment but you pleaded guilty before the Magistrate's Court at the first opportunity and you will receive full credit for that plea.  The maximum sentence for this offence is 4 years' imprisonment, with a mandatory minimum disqualification period from driving of 2 years.  We agree with the Crown that it is difficult to think of a much more serious case of this nature, contrary to Article 26B of the Road Traffic (Jersey) Law 1956.  This is the first time that such an offence has come before the Royal Court.  It is fortunate that you did not injure even more seriously or kill the pedestrians you struck with your car.  Your decision to resist arrest in the way that you did was in the circumstances appalling and a consecutive sentence is plainly warranted.  These offences have had a huge impact on the three victims, as indicated by the statements to which we have just referred.

10.      We have taken into account all that has been said on your behalf including your genuine remorse, your previous good character and all that is set out in the Pre-Sentence Report.  This is plainly an offence that is so serious that only a custodial sentence is warranted.  We have taken a starting point for the offence at Count 1 of 3 years and 9 months' imprisonment and the least sentences that we think it appropriate to impose are on Count 1, 2 years and 5 months' imprisonment, Count 2, 1 month imprisonment consecutive making a total of 2½ years' imprisonment. 

11.      We would have ordered the forfeiture of your car had it been roadworthy, but it is a 'write off' and accordingly we do not make not such order.

12.      You are disqualified from driving for 3 years and there will be a retest when that period of disqualification comes to an end.

Authorities

Road Traffic (Jersey) Law 1956. 

AG v B [2018] JRC 016

AG v De La Haye [2017] JRC 128

AG v Sharman [2017] JRC 103

AG v O'Shea [2010] JRC 040

AG v Brown [2000] JLR Notes 7a