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Jersey Unreported Judgments |
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You are here: BAILII >> Databases >> Jersey Unreported Judgments >> 1999/184 - AG v Jones [1999] UR 184 (22 October 1999) URL: http://www.bailii.org/je/cases/UR/1999/184.html Cite as: [1999] UR 184 |
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ROYAL COURT
(Samedi Division)
22 October 1999
Before: F C Hamon, Deputy Bailiff, and
Jurats Myles and Tibbo
AG
-v-
Scott Matthew Jones
Sentencing by the Superior/Inferior Number of the Royal Court, to which the accused was remanded following conviction on 22 September 1999 at a criminal assize on a not guilty plea to 1 count of grave and criminal assault.
Age:
Details of Offence:
Details of Mitigation:
Previous Convictions:
Conclusions:
2 years Youth Detention, 6 months exclusion from licensed premises, £1,000 compensation to victim.
Sentence and Observations of Court:
2 years probation with 240 hours community service; 18 months exclusion from 1st and 7th category licensed premises; £1,000 compensation order in favour of victim, to be paid within 12 months or 3 months imprisonment in default of payment.
Advocate S E Fitz Crown Advocate
Advocate D E Le Cornu for the accused
JUDGMENT
THE DEPUTY BAILIFF: This was a serious glassing and the facial injuries suffered by a quite innocent bystander were very nasty. As Miss Fitz has pointed out, the Court is well aware of what Southwell JA said in Gill -v- AG (29 September 1999) Jersey Unreported CofA:
"In cases of violence, whether of assault or robbery or rape or other forms of violence, it is necessary that the punishment ordered by the Court should have an element of deterrence, not to deter the offender because it is too late to do that, but
(1)to deter others who may be tempted to engage in similar violence, and to remind them that if they do so they will similarly face long sentences of imprisonment; and
(2)to show to the community as a whole that violence of this kind is not to be tolerated and will never be tolerated by the Courts of Jersey."
The conclusions of the Crown Advocate that you should go to prison for two years would normally be granted without hesitation. The assault was entirely unprovoked; it was held by the jury to have been deliberate and we have a letter now from you, but there was no apparent remorse before this. We have to say that the case of AG -v- Little (3 August 1998) Jersey Unreported was referred to us by Mr Le Cornu but there the accused even went so far as to telephone his victim to apologise for what he had done to him.
We have a very detailed probation report, many references, and you were only 18 when the offences were committed and you have no criminal record. Again Miss Fitz is perfectly correct in saying that the law provides that where an offence is so serious, we are justified in imposing a sentence of imprisonment. Against that, however, Article 4(2) of the Criminal Justice (Young Offenders) (Jersey) Law, 1994 also provides that a Court shall not pass a sentence of youth detention unless it considers that no other method is appropriate.
We are told that you have had a salutary lesson in prison where you have been for one month and maybe the clang of the prison gates has had some effect on you. I have to tell you that this matter hangs on a knife edge, but eventually the learned Jurats have come to the conclusion that despite the horrific consequences of what you did they are going to impose this sentence on you: you will be placed on probation for two years; you will carry out 240 hours community service; there will be a total ban for 18 months on your entering 1st or 7th category licensed premises. £1,000 is to be paid to the victim as agreed within 12 months or three months imprisonment in default of payment.
Authorities
AG -v- Norris (3 June 1992) Jersey Unreported.
Gill -v- AG (29 September 1999) Jersey Unreported CofA. [1999.160]
AG -v- Mendes, Rodrigues (26 April 1999) Jersey Unreported.[1999.073]
AG -v- Little (3 August 1998) Jersey Unreported. [1998.166]
Criminal Justice (Young Offenders) (Jersey) Law 1994: Article 4(2).
