Jersey Unreported Judgments

[2009]JRC036

ROYAL COURT

(Samedi Division)

27^th February 2009

Before     :

F. C. Hamon, Esq., O.B.E. Commissioner and Jurats Tibbo and King.

The Attorney General

-v-

Robert Kevin Passman

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

1 count of:	Malicious damage.  (Count 1).
1 count of:	Grave and criminal assault.  (Count 2).
1 count of:	Assault.  (Count 3).

Age:  19.

Plea: Guilty.

Details of Offence:

Passman got into an argument with the licensee of a public house.  On leaving he deliberately and forcefully smashed a glass door (Count 1).  When police arrived and tried to arrest him he resisted the arrest holding one officer round the throat whilst on the ground.  He would not let go despite being struck by another officer several times with a baton (Count 2).  Later during the arrest he spat in a different officer's face (Count 3).  The offence was aggravated by the fact that Passman was on licence having been released from a custodial sentence for grave and criminal assault.  He lacked remorse and showed hostility to all police officers in interview.

Details of Mitigation:

Youth, difficult background, anger issues.

Previous Convictions:

Numerous convictions including assault and assault on a police officer.  Conviction for grave and criminal assault in 2007 for which sentenced to 12 months youth detention.

Conclusions:

Count 1:	3 months' youth detention.
Count 2:	18 months' youth detention, consecutive.
Count 3:	9 months' youth detention, consecutive.

Total:  2 years' 6 months' youth detention.

Sentence and Observations of Court:

The Court concluded Passman's offending was so serious a non-custodial sentence could not be justified.

Count 1:	1 month's youth detention.
Count 2:	18 months' youth detention, concurrent.
Count 3:	9 months' youth detention, concurrent.

Total:  18 months' youth detention.

On his release the defendant will be subject to supervision.

S. E. Fitz., Crown Advocate.

Advocate S. A. Pearmain for the Defendant.

JUDGMENT

THE commissioner:

1.        Passman was born on 12^th November, 1989, he is therefore 19 years of age and on the 14^th November last, he was celebrating his birthday.  He was in a pub at St Peter's and then apparently drank around nine pints of beer and three shots of whisky.  He had also apparently taken an anti-depressant tablet.

2.         He had an argument with the landlord who was investigating some damage done to window latches at the pub.  The landlord asked for Passman's passport and an argument developed.  There was an altercation.  On leaving the pub, Passman deliberately smashed a window and the police were called.  He was on licence having been released following his arrest, when he committed the present offences.

3.        We have a letter from Mandy Passman, Passman's mother which says that "I know that Robert would not lash out at anyone for nothing, something must have happened to make him act like that.  I know my son and it takes a lot to make him do that."  And yet on 7th December, Passman received a sentence of 12 months' youth detention for grave and criminal assault on another.

4.        We know and we have read most carefully of Passman's unhappy background but his assault on two police officers is not forgivable.  The Social Enquiry Report that we have only just received, but which we have read most carefully on retirement, recommends a 2 year Probation Order and a period of Community Service.  This is not acceptable to us.  A deliberate assault on a police officer of this kind is, as we have said, very serious.

5.        In Kelly-v-AG [2001] JLR 108 the Court of Appeal cited from R-v-Hall [1997] 1 Cr. App. R. (S) 62 and said:-

"Every day of the year policemen and policewomen go out to do their duty to safeguard the interests of the public and to protect the public as appropriate.  In the world in which we live, unfortunately, they face damage or the risk of danger whenever they go out on the beat in patrol cars and in all other ways in which police officers go into the community to serve the public".

We have read all the reports most carefully and we have listened very carefully to Advocate Pearmain and everything she had to say. 

6.        Because of his age we have had regard to the Young Offenders (Jersey) Law 1994.  As I have said he was on licence when he committed his present offence but he has always completed his programmes and has received good reports in the past, but he has re-offended.  The last two occasions have been the most serious and we must take into account the present high risk of re-offending.  His lack of remorse as expressed in the interviews is concerning to us.  We find in the light of Article 4 of the Law that this offence is so serious that a non-custodial sentence cannot be justified but in any event we regard the offences as being connected.  We are going to make the sentences concurrent and not consecutive.

7.        On Count 1 we feel that that should be reduced to 1 month's youth detention, on Count 2; 18 months' youth detention, Count 3; 9 months' youth detention but you will serve not 2 years and 6 months' which it would have been if a consecutive sentence had been imposed but a total of 18 months.  We urge you to take advantage of all the expert advice that will be available to you in prison.

8.        On your release from prison you will be supervised.

Authorities

Young Offenders (Jersey) Law 1994.

Kelly-v-AG [2001] JLR 108.

R v Hall [1997] 1 Cr. App. R. (S) 62.

AG-v-Ollivier [2005] JRC 147.