Jersey Unreported Judgments

[2007]JRC196

ROYAL COURT

(Samedi Division)

11^th October 2007

Before     :

M. C. St. J. Birt, Esq., Deputy Bailiff, and Jurats de Veulle, Le Cornu, Morgan, Newcombe, and Liddiard.

The Attorney General

-v-

Adrian Gladwin

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 3^rd August, 2007, following a guilty plea to the following charge:

1 count of:

Grave and criminal assault.  (Count 1).

Age:  39.

Plea: Guilty.

Details of Offence:

On 8^th April, 2007, the defendant had been out drinking during the day with the victim, who was a friend of his.  They went back to the defendant's girlfriends flat where an argument broke out.  The victim grabbed the defendant by the throat and punched him causing cuts and bleeding to his face.  The defendant then went to the kitchen and got a knife before returning and stabbing the victim who was sitting on the sofa.  The stab wound was to the lower side of the back and caused serious injuries, including a perforation of the bowel.  The victim required surgery and was in hospital for a month.

Details of Mitigation:

Guilty plea.  No previous convictions for violence.  Difficult upbringing.  Industrious nature.  Has lost his position as a director of an interior design company.  Has completed Alcohol Awareness course.

Previous Convictions:

3 convictions for theft, 1 for false accounting, 1 for embezzlement, 1 for larceny, 3 for drink driving, 1 for driving whilst disqualified and uninsured, and 1 for obstructing police.

Conclusions:

Although this incident arose through a loss of temper, in part provoked by the actions of the victim, this was a serious assault with serious consequences.  Alcohol was a contributory factor.  The victim suffered complications arising from his injuries which necessitated a long stay in hospital and various surgical procedures.  The long term psychological effects of the attack are not yet known.

The defendant pleaded guilty and has no previous convictions for offences of violence.

Starting point 6½ years' imprisonment.

Count 1:

4 years' imprisonment.

Sentence and Observations of Court:

The Court accepted that the defendant was entitled to a discount for his guilty plea and that there was some provocation.  However this was an extremely serious offence and potentially life-threatening, therefore the Crown's conclusion of 4 years was granted.

Starting point 6 years' imprisonment.

Count 1:

4 years' imprisonment.

S. M. Baker, Esq., Crown Advocate.

Advocate W. Grace for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        Mr Gladwin, after drinking all afternoon, you and the victim, who was a long-standing friend of yours, went back to your girlfriend's flat where you both continued to drink.  There was an argument and it is clear that the victim was the first to resort to physical violence, and we accept, as now said by the Crown, that he got up and grabbed you round the throat and hit your head against the wall, and whilst still holding your throat he punched you at least twice in the face which resulted in cuts and bleeding to your face.  We have seen the photographs.  That incident ceased and you then went into the kitchen and got a knife.  You then stabbed the victim, who by then was sitting on the sofa.  It was a serious attack.  You stabbed him in the left, lower side of his back and as a result emergency hospital treatment was required.  It is clear from the reports that he was very seriously ill and we could, if things had been different, have been dealing with an even more serious offence.  He was in hospital for 1 month.  He has now recovered physically, but it is clear that he has not yet recovered mentally, although no doubt he will in due course.

2.        Mr Grace has put forward much mitigation on your part.  He has emphasised the value of your guilty plea; you did not run self-defence, or a Newton hearing, and we fully accept that you are entitled to a full discount for pleading guilty.  He has pointed out that, although you have a few previous convictions, there are none for violence and we fully accept that.  He has referred to your problems with drinking and how you are now addressing those.  We have seen your letter of remorse and we accept that you bitterly regret what happened on this occasion.  We have considered the background report and indeed all the matters which Mr Grace has urged on your part.  We also accept that the provocation, as now stated, is greater than was originally stated by the Crown in their summary of facts. 

3.        The Court has concluded that this was an extremely serious offence.  An attack of this nature, with a knife, to stab somebody on the side of their back is a potentially life-threatening action.  The Court considers that the original conclusions were perhaps on the generous side and the Court considers that in the circumstances, even allowing for the change to the summary of facts, the sentence moved for by the Crown is correct. The Court has always found starting points, in relation to grave and criminal assaults, a particularly difficult aspect, but we have tested the conclusions by asking what would have been the right sentence had you pleaded not guilty, and we think that a 6 year sentence for you, with your mitigation on a not guilty plea, would have been the right sentence.  It follows that we are satisfied that 4 years is the correct sentence.

4.        The sentence is one of 4 years' imprisonment on the one count you face.

No Authorities