Jersey Unreported Judgments

[2006]JRC087

ROYAL COURT

(Samedi Division)

23^rd June 2006

Before     :

Sir Philip Bailhache, Kt., Bailiff, and Jurats Clapham and Morgan.

The Attorney General

-v-

Marc John Nicholson

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

1 count of:	Obstructing a Police Officer.  (Count 1).
1 count of:	Violently resisting a Police Officer in the execution of his duty. (Count 2).
2 counts of:	Grave and criminal assault.  (Counts 3 and 4).

Age:  26.

Plea: Guilty.

Details of Offence:

On 17^th February, 2006, the Defendant travelled to Jersey on the ferry with his girlfriend and four-year-old daughter.  Later established that Defendant anxious about meeting his father in Jersey, whom he had not seen for 12 years.  Weather very bad, resulting in a stressful, long journey adding to the Defendant's anxiety.  Defendant had abstained from alcohol for significant period before coming to Jersey.  On arrival, Defendant drank alcohol at lunchtime and continued thereafter.  By 01.45 on Saturday 18^th February 2006, he was very drunk.  Defendant having heated argument with girlfriend, shouting at her and using foul and abusive language.  Police Officers tried to calm him down and move him out of the area but the Defendant ignored the Officers.  After failing to heed another police warning, Defendant was arrested for refusing to obey (Count 1).    During the course of the arrest, he violently resisted (Count 2).  On being put into police van, Defendant kicked a policewoman, injuring her right thigh (Count 3).  On arrival at Rouge Bouillon Police Station when another Police Officer opened the van to get him out, Defendant head-butted the Police Officer (Count 4).

Details of Mitigation:

When Defendant had seen CCTV of his arrest, he expressed shame and disgust at his behaviour.  Very difficult family background.  First Youth Custody at age 15.  History of addiction to drink and drugs which he had overcome without assistance from the usual agencies.  At date of offence he had attained a steady job and was in a long term relationship.  Close relationship with disabled daughter.  At sentencing had served the equivalent of 6 months' imprisonment whilst on remand at HMP La Moye.

Previous Convictions:

34 convictions for 66 offences, mostly theft and kindred offences, linked to his drug addiction.

Conclusions:

Count 1:	1 week's imprisonment.
Count 2:	3 months' imprisonment.
Count 3:	9 months' imprisonment, consecutive with Count 2.
Count 4:	9 months' imprisonment, concurrent with Count 1.

Sentence and Observations of Court:

Count 1:	1 month's imprisonment.
Count 2:	3 months' imprisonment.
Count 3:	6 months' imprisonment.
Count 4:	6 months' imprisonment, all concurrent

Time served.

C. M. M. Yates, Esq., Crown Advocate.

Advocate J. Harvey-Hills for the Defendant.

JUDGMENT

THE BAILIFF:

1.        Nicholson we understand that that was an evening which went all terribly wrong, it should have been a happy family occasion but you got drunk and you spoilt it, and your behaviour was completely out of order.  The Court will not tolerate assaults on the police carrying out their duty by people who are drunk and aggressive.

2.        We have looked at your record and as you know, you have a very bad record, but this is the first time that you have been convicted of offences of violence and we hope that it will be the last.  We have read your letter very carefully, we have read your references, and we note that you have expressed remorse and that since 1999 you have kept yourself out of trouble, except for that one occasion which your counsel has explained to us.

3.        We want to say to you; you do not have to spend the rest of your life in prison.  If you keep yourself away from drink and drugs there is every likelihood that you will not.  We think that you have been punished enough for the offences you have committed on that evening and we are going to impose sentences which will lead to your immediate release and we hope that you will return to your partner and your child and that you will make something of your life in the future and we will never see you again.

4.        We are going to sentence you on Count 1, to 1 month's imprisonment; on Count 2, to 3 months' imprisonment; on Count 3, to 6 months' imprisonment; on Count 4, to 6 months' imprisonment all those sentences to be concurrent.

No Authorities