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Jersey Unreported Judgments
You are here: BAILII >> Databases >> Jersey Unreported Judgments >> AG v Smith Bouchard Huish [2024] JRC 037 (16 February 2024)
URL: http://www.bailii.org/je/cases/UR/2024/2024_037.html
Cite as: [2024] JRC 37, [2024] JRC 037
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Inferior Number Sentencing - grave and criminal assault
|
Before : |
R. J. MacRae, Esq., Deputy Bailiff, and Jurats Ronge and Le Heuzé |
The Attorney General
-v-
Craig Smith
Perry Bouchard
James Harry Huish
Sentencing by the Inferior Number of the Royal Court, following a guilty plea to the following charges:
Craig Smith
|
1 count of: |
Grave and criminal assault (Count 1). |
Age: 34.
Plea: Guilty.
Details of Offence:
On 9 April 2023 at approximately 5.45pm, the Victim and a woman entered the foyer of a residential block in St Clement. The woman had been in a relationship with Smith that ended a short time before and was planning to remove her belongings from Smith's flat. Whilst the Victim and the woman were waiting for the lift, Smith emerged from the lift, closely followed by Huish and Bouchard. Smith walked directly towards the Victim, and they briefly stood facing each other, forehead to forehead. Smith then punched the Victim in the face, causing him to stumble backwards. They grappled with each other, and the Victim threw a number of punches at Smith's head and body. The woman tried to break them up. Bouchard and Huish got involved, and all three men punched the Victim, who was bent over holding Smith's clothing. The Defendants then delivered multiple kicks to the Victim's body. As this happened, a knife fell from the waistband of Bouchard's trousers onto the floor. Smith swung the Victim towards the wall and threw him on the floor. While the Victim was on the floor, Huish kicked and punched him to the body and face. Bouchard checked his waistband for his knife and picked it up from the floor and held it in his fist while moving around the others. Smith told Bouchard to put the knife away and Huish ushered Bouchard away.
The assault lasted just under a minute before they all left the foyer through the same door. The incident was captured on CCTV footage. The footage shows a significant amount of blood on the floor. Approximately half an hour later, Smith returned to the foyer with a mop and bucket to clean the area.
The Victim did not provide a statement of complaint, and so the full extent of his injuries could not be ascertained. Photographs were taken which show a nosebleed, bruising and reddening to his hands and forehead.
Details of Mitigation:
Guilty plea, although this was not entered at the earliest opportunity.
Previous Convictions:
Previous convictions for violence, dishonesty and public order offences
Conclusions:
|
Count 1: |
21 months' imprisonment. |
Exclusion order from 1st, 2nd, 4th, 5th and 7th category licensed premises excluding the Multiplex Cinema, Jersey Airport and the Ferry Terminal at Elizabeth Harbour sought in respect of Smith and Huish for a period of 12 months from release from custody.
Sentence and Observations of Court:
|
Count 1: |
18 months' imprisonment. |
Exclusion order not made.
Perry Bouchard
|
1 count of: |
Grave and criminal assault (Count 1). |
Age: 32.
Plea: Guilty.
Details of Offence:
See Smith above.
Details of Mitigation:
Guilty plea.
Previous Convictions:
Previous convictions for violence, motoring, public order and drug related offences.
Conclusions:
|
Count 1: |
2 years and 6 months' imprisonment. |
Sentence and Observations of Court:
|
Count 1: |
2 years' imprisonment. |
James Huish
|
1 count of: |
Grave and criminal assault (Count 1). |
Age: 41.
Plea: Guilty.
Details of Offence:
See Smith above.
Details of Mitigation:
Guilty plea.
Previous Convictions:
Previous convictions for motoring and drug related offences.
Conclusions:
|
Count 1: |
21 months' imprisonment. |
Exclusion order from 1st, 2nd, 4th, 5th and 7th category licensed premises excluding the Multiplex Cinema, Jersey Airport and the Ferry Terminal at Elizabeth Harbour sought in respect of Smith and Huish for a period of 12 months from release from custody.
Sentence and Observations of Court:
|
Count 1: |
16 months' imprisonment. |
Exclusion order not made.
Ms L. B. Hallam, Crown Advocate.
Advocate O. A. Blakeley for Defendant Smith.
Advocate C. R. Baglin for Defendant Bouchard.
Advocate N. B. R. Mière for Defendant Huish.
JUDGMENT
THE DEPUTY BAILIFF:
1. Craig Smith you are 34 years old, Perry Bouchard you are 32 and James Huish you are 41 years old. You have all appeared before the courts before and fall to be sentenced for an assault upon a man ("the Victim") aged 32 or 33 years on 9 April 2023.
2. On the late afternoon of that day the Victim and woman entered a block of flats where Mr Smith lived and had previously lived with the women, a block of flats in St Clements, and they pressed the button to call for the lift whilst at the ground floor. You three were already in the building. Mr Smith you had been in a relationship with the woman until about three weeks before and she was now seeing the Victim - which you knew.
3. Fearing a confrontation at some point, Smith you asked Bouchard and Huish to come to your flat as back up in case there was a meeting between the two of you and Mr Bouchard you decided to take a knife from Mr Smith's flat in case you saw the Victim and he was armed. This was a dangerous and reckless decision on your part.
4. The three of you emerged from the lift on the ground floor to find the Victim and the woman waiting to take the lift. What happened next was caught on CCTV and constituted a gratuitous and sustained assault which began with you Smith, punching the Victim in the face. The Victim tried to defend himself and all three of you collectively punched and kicked the Victim. You all played a role in the assault upon him.
5. During this time a knife fell from Mr Bouchard's waistband onto the floor - the knife he had taken from Mr Smith's flat. The Victim was thrown to the floor by you Mr Smith, and whilst on the floor Mr Huish kicked the Victim to the body and punched him to the body and head. Mr Bouchard retrieved his knife from the floor and held it in his fist pointing towards the Victim. He moved closer to the Victim. Mr Smith to your credit you told Bouchard to put the knife away and Mr Huish you pushed Mr Bouchard away before you turned round and carried on hitting the Victim in the back of the head.
6. The assault lasted about a minute and blood was left on the floor in consequence. The police arrived to find the Victim with a black eye, bloodied nose, bruising to his knuckles. Neither the Victim or the woman made statements to the police and the Crown has relied on CCTV footage - to which we have referred - and photographs of the Victim's injuries taken that evening.
7. In interview Mr Huish, after some prevarication you made admissions to the effect that you had punched and kicked the Victim several times. Mr Smith, you also made admissions and Mr Bouchard you made no comment to the questions asked of you and only very recently indeed have you accepted that you armed yourself with a knife taken from Mr Smith's flat.
8. Mr Bouchard you pleaded guilty at the first opportunity on 17 August 2023. Mr Huish you were unrepresented when you first appeared at the Magistrate's Court but pleaded guilty on 6 October and you will also receive full credit for your plea. Mr Smith you pleaded not guilty at the Magistrate's Court on 13 October and entered a guilty plea 11 November 2023 and will receive substantial although not full credit for your plea of guilty. All three of you have been remanded in custody since you entered your pleas of guilty.
9. There are various aggravating features in this case. This was a group assault, led by Smith who must take responsibility for initiating the incident. Huish, you kicked the Victim in the body and punched him in the face whilst he was on the ground. We note you have no previous convictions of violence and to that extent this can be said to be out of character. Bouchard, you had deliberately armed yourself with a knife which you dropped, looked for, as is clear from the footage, picked up and then (as the Crown correctly say) brandished. It was your co-defendants who discouraged you from using it and told you to put it away.
10. Not only was it an unprovoked assault but Smith and Huish you were to some extent intoxicated through alcohol. It was said in relation to you Mr Huish that you were not and that in your counsel's words "your party days are over" - but you were drinking until 3am the morning before and taking cocaine.
11. We have considered the Pre-Sentence Reports with care. Bouchard and Huish are assessed at being moderate or medium risk of reconviction and Smith you are assessed at being a high risk of reconviction.
12. We have also listened with care to all that has been said on behalf of each of you and read the references and letters of support.
13. In relation to all three of you this offence is so serious that only a custodial sentence can be justified. The Jurats have in relation to Smith and Huish given serious consideration to the direct alternative, community service, but owing to the seriousness of the offence are unable to impose such a sentence.
14. In relation to Mr Bouchard's possession and production of the knife for which we accept he is wholly responsible, we remind ourselves of the comments of the Superior Number sitting on appeal in the case of Coelho v AG [2020] JRC 216 which noted the following remarks from courts previously considering the use of knives to the following. The Court always takes a serious view of assaults with a knife. There is always a risk of really serious injury. The court is determined to send out a message that those who resort to an attack with a knife will face severe sentences. Knife crime will be dealt with severely even though no injury is caused and the message must go out that to carry a knife to an assault and produce it will always be met by a prison sentence in Jersey.
15. In the relation to the circumstances of the assault as a whole we adopt the description of the Probation Officer who described the assault upon the Victim as "a sustained and unprovoked attack fuelled by a pack mentality with Mr Smith's initial punch providing the permission for the other men to engage in assaulting [the Victim]". The Royal Court normally deals with cases of men in their late teens and early twenties and frankly all of you are old enough to know much better.
16. The sentences we impose are as follows. Mr Bouchard, 2 years' imprisonment. Mr Smith, 18 months' imprisonment and Mr Huish 16 months' imprisonment.
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