Jersey Unreported Judgments

[2007]JRC014

ROYAL COURT

(Samedi Division)

19^th January 2007

Before     :

F.C. Hamon, Esq., O.B.E., Commissioner, and Jurats de Veulle and Allo.

The Attorney General

-v-

Jean Michel Jarman

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

1 count of:

Grave and criminal assault.

Age:  25

Plea: Guilty

Details of Offence:

Defendant committed a grave and criminal assault on his sister at his home.  He punched her repeatedly to the face and struck her on the head with a wine bottle.  She sustained a fractured right cheek, bruising, grazes and a bite mark to her forearm.

Details of Mitigation:

Pleaded guilty at first opportunity.

Previous Convictions:

Defendant has 15 previous convictions, including two for grave and criminal assault.  Past offending showed tendency to binge drink and propensity to use violence when drunk.  All previous cases dealt with in the Magistrate's Court by way of probation and alcohol treatment.  Social Enquiry Report and mental health reports assessed him as posing a high risk of re-offending violently.

Conclusions:

2 years' imprisonment.

Sentence and Observations of Court:

Conclusions granted.

M. T. Jowitt, Esq., Crown Advocate.

Advocate D. J. Hopwood for the Defendant.

JUDGMENT

THE Commissioner:

1.        You are 25 years old and you have 15 previous convictions, which include two for grave and criminal assault.  I think you will agree that every effort has been made to help you, but you can only help yourself, and in order to do that you have to take responsibility for your alcohol misuse.

2.        What occurred was a vicious attack on your sister and it could have been infinitely more serious.  Hitting a defenceless girl, whatever she said to you, with a wine bottle could have had far more serious consequences than they did.  As it was, your sister had a fractured cheek bone, and other injuries which left her in considerable pain, and of course caused her real fear as to the future.

3.        The Crown has given you credit for your immediate guilty plea, but nevertheless your violence has in recent years become more frequent and more severe.  We have read most carefully the Social Enquiry Reports, the Psychiatric and Psychological Reports, but you are assessed by these experts at being of a high risk of future offending.

4.        We think, and we agree with your defence counsel, that the only solution is to spend further time in prison.  Where, if you wish, Mr Taylor will visit you.  Perhaps, in time, your family will find a way to support you by visiting you in prison.  We are going to follow the conclusions of the Crown and sentence you to 2 years' imprisonment, which, of course, includes the time you have already spent in custody.  Make use of your time.

5.        The hope is that you have clearly begun to appreciate and recognise your own real problems.  Keep all this in mind, keep working at it, follow the courses that you are offered in prison and when you are released you may become a really useful citizen.

No Authorities