Jersey Unreported Judgments

2000/35

3 pages

ROYAL COURT

(Samedi Division)

 

25^th February, 2000

 

Before:    M.C St.J. Birt, Deputy Bailiff, and

                                                      Jurats Rumfitt, and Georgelin.

 

 

The Attorney General

 

-v-

 

Thomas Brown.

 

1 count of:  grave and criminal assault (count 1).

2 counts of:  assault. (counts 2, 3).

 

 

Age:   37

 

Plea:    Guilty

 

Details of Offence:

 

Brown came across two people at 6.00pm on Sunday evening on the pavement.  Without any provocation he punched the girl, knocking her to the ground, punched her boyfriend twice and then kicked the girl in the face as she tried to get up.  Subsequently punched the police officer who tried to speak to him about the incident.

Aggravating factors:  entirely unprovoked; under influence of alcohol; Sunday evening in the summer on busy road. 

 

Details of Mitigation & of Previous Convictions:

 

Only one previous conviction for malicious damage - guilty plea.

 

 

Conclusions:               Count 1:                               3 years' imprisonment.

                      Count 2:   6 month's imprisonment, concurrent.

                      Count 3:   9 month's imprisonment, concurrent, because of totality principle.

 

TOTAL:   3 years' imprisonment.

 

                                                                                                   

Sentence & Observations of Court:

 

Count 1:  3 years' imprisonment.

Count 2:  6 months' imprisonment, concurrent.

Count 3:  6 months' imprisonment, consecutive.

 

TOTAL:  3½ years' imprisonment.   Court agreed 3 years appropriate for grave and criminal assault and 6 months concurrent for assault  on boyfriend.  Stated that sentence for assault on police officer should be consecutive as it was a separate incident.  Reduced conclusions to 6 months to allow for totality principle.

 

 

 

                                              Advocate S.E. Fitz Crown Advocate

                                              Advocate W Grace for the Accused.

 

 

JUDGMENT

 

THE DEPUTY BAILIFF:   This was a wholly unprovoked attack committed on a Sunday evening in St Aubin's inner road.   Brown pushed a Miss Keenan out of the way and when she objected, he punched her in the mouth knocking her to the ground.

 

When a Mr. McShannon remonstrated, he punched him in the face twice, and as Miss Keenan was getting up from the ground, he kicked her in the face knocking her to the ground again.   As one of the witnesses said,  he kicked her like a football, and not surprisingly, some 2 months later, she was still very distressed about the incident and some scarring which still existed on her left cheek.    When Police Constable Smith later tried to arrest the defendant, he punched the officer in the face.

 

In the case of  Gill -v- A.G  (29^th September, 1999) Jersey Unreported CofA, the Court of Appeal said that the Royal Court should impose sentences which are intended to deter others, and to show the community that violence will not be tolerated, and that approach was followed by the Royal Court in the case of  A.G -v- Douglas (21^st December, 1999) Jersey Unreported, when the Court increased the higher end of the Norris bracket for offences of this nature.

 

The Court today repeats that those who commit acts of violence in the streets of Jersey can expect to receive substantial sentences.   People like the victims in this case are entitled to go about their business without being assaulted in this way.

 

The Court therefore concurs with the conclusions of the Crown in relation to the first two counts, that is 3 years for the grave and criminal assault on Miss Keenan, and 6 month's imprisonment concurrent in relation to the assault on Mr McShannon.   However, there remains count 3, the assault on Police Constable Smith.   The Court was referred to passages from Thomas - Current Sentencing Practice: A5.2(d):  and in particular the Court would refer to a comment by the Lord-Chief Justice in the case of  R -v- Castercum (1972) 56 Cr. App.R.298, where the Lord Chief Justice said this:

 

"If the Judge thinks that the assault on the Police Officer is really part and parcel of the original offence, and is to be treated as an aggravation of the original offence, he can reflect it in the sentence for the original offence.  If he does that it is logical and right that any separate sentence for the assault should be concurrent.  On the other hand, and as this court thinks a better course, in cases where an offender assaults the police in an effort to escape,  the sentence for the principal offence can be fixed independently of the assault on the constable and the assault on the constable can be dealt with by a separate and consecutive sentence".

 

The Court was referred to examples in England where that principle has been considered.   They are the three cases of  R -v- Hill (1983) 5 Cr. App. R. (S) 214,  R -v- Fitter (1983) 5 Cr.App.R. (S) 168, and R-v-Wellington (1988) 10 Cr. App.R (S) 384.

 

That principle has also been followed by the Court of Appeal in Jersey in the case of Mandel -v- A.G (4^th July, 1989) Jersey Unreported.   The Court there adopted this principle, although it concluded on the facts of that case that  on balance the matter could be dealt with concurrently.

 

We have considered the facts of this case, and we conclude that the assault on PC. Smith was quite separate.  After the assault on the two first victims the defendant had gone into a shop.  The police had been called.  They arrived when the defendant came out of the shop.  We think that the offence was quite separate, and we think that in such circumstances the police are entitled to the protection of this Court, so that persons know that if they assault a police officer in the course of an arrest they may expect to receive additional punishment.  However, we have had regard to the totality principle, and we are therefore going to reduce the sentence moved for by the Crown simply to take account of that.  

 

On count 3 therefore we impose a sentence of six months imprisonment, consecutive.   Brown, you are therefore sentenced as follows: 3 years' imprisonment on count 1.  Six months imprisonment concurrent, on count 2, and 6 months consecutive on count 3.  A total of 3½ years imprisonment.

 

 

Authorities.

 

Norris -v- Attorney General (28^th September, 1992) Jersey Unreported CofA.

 

A.G -v- Douglas (21^st December, 1999) Jersey Unreported

 

Current Sentencing Practice: A-5 2D:

Hill (1983) 5 Cr. App. R. (S) 214

Fitter (1983) 5 Cr. App. R.(S) 168.

Wellington (1988) 10 Cr. App. R. (S) 384.

 

Mandel -v- A.G.  (4^th July, 1989) Jersey Unreported.

 

Gill -v- A.G. (29^th September, 1999) Jersey Unreported CofA.

 

R -v- Castercum (1972) 56 Cr. App. R.298.