Jersey Unreported Judgments

[2010]JRC159

ROYAL COURT

(Samedi Division)

2^nd September 2010

Before     :

Sir Philip Bailhache, Kt., Commissioner, and Jurats Le Breton and Nicolle

The Attorney General

-v-

David John Ferguson

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

1 count of:	Grave and criminal assault (Count 1).
1 count of:	Possession of a prohibited weapon, contrary to Article 3(1)(b) of the Firearms (Jersey) Law 2000 (Count 2).

Age:  28.

Plea: Guilty.

Details of Offence:

The police were called to the Defendant's home address where he lives with his mother following reports that he had locked himself out and was shouting, swearing and banging on doors.  On arrival the two attending officers found the area empty but noted signs of a disturbance.  They knocked on the door but initially received no response.  The Defendant, who was clearly intoxicated, came towards the door, and partially opened it.  As he did so the officers heard a noise, described as being the sound of a pistol being cocked and the Defendant shouted at the officers to "fuck off".  The Defendant continued to stand in the doorway with his right arm concealed from sight.  The officers asked him to show them his arm, but he refused.  In anticipation of violence the officers withdrew their CS gas canisters and continued to ask the Defendant to show his arm.  PC Townsend took a step towards the door, at which the Defendant raised his right arm and pointed what looked like a small semi-automatic pistol at PC Townsend's face.  In fear for his life and that of his colleague, PC Townsend lunged at the Defendant and sprayed him with the CS gas.  In order to force the Defendant to drop his weapon the officers forced him backwards and PC Townsend elbowed him in the face.  This allowed the officers to restrain the Defendant and take him to the floor.

Additional officers were sent to the scene as it was still believed that the gun pointed at the attending officers was genuine.  PC Townsend, who has a 10 year police career on top of 12 years spent in the British Army, said in his statement that he could not tell if the gun pointed at him was real.  The gun was examined by the force firearms expert, who found that it was a deactivated blank firing pistol and was not therefore illegal.

The Defendant's address was searched and a number of other firearms related items were seized.  This included an "Umarex" revolver that was capable of discharging CS gas or pepper spray.  Such weapons are prohibited under the Firearms (Jersey) Law 2000.

Details of Mitigation:

Guilty plea and remorse.

The prohibited gun was bought from a reputable dealer and the Defendant did not know it was illegal to possess such a weapon.

The Defendant had been mentally troubled for years with little intervention and self-medicated with alcohol.  He has now been diagnosed with generalised anxiety disorder and is sober following detox in prison.

The Social Enquiry Report suggested probation and the Defendant was willing and able to perform community service.

Previous Convictions:

Two convictions for six offences, including two for possession of an offensive weapon (not firearms related).

Conclusions:

Had it not been for the use of a firearm the Crown might have felt able to move for an individualised sentence as recommended in the reports.

Count 1:	2 years' imprisonment.
Count 2:	15 months' imprisonment, concurrent.

Total:  2 years' imprisonment.

Forfeiture and destruction of the weapons sought. 

Sentence and Observations of Court:

Threatening police with handguns will almost inevitably lead to a custodial sentence.

Count 1:	2 years' imprisonment.
Count 2:	12 months' imprisonment, concurrent.

Total:  2 years' imprisonment. 

Forfeiture and destruction of the weapons ordered. 

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

Advocate C. M. Fogarty for the Defendant.

JUDGMENT

THE commissioner:

1.        David John Ferguson is to be sentenced for a grave and criminal assault upon police officers by pointing an imitation handgun at them at close range, when they had called at his house.  Ferguson was drunk at the time and there is no doubt that this must have been a very frightening experience for the police officers involved.  In fact, no physical harm came to them, but the Court must make it clear that threatening the police, particularly with handguns, will almost inevitably lead to custodial sentences. 

2.        We have read your letter very carefully and, if I may say so, it is a well expressed and well structured letter, and we are grateful to you for expressing those thoughts and particularly your regrets to the Court.  We have considered very carefully all the submissions made by your counsel and very glad to learn of the progress that you are making in the prison and we hope you will continue to do so.  We hope that you might bring yourself to spend more time out of your cell engaging with people and learning some skills which will help you when you come out of prison at the end of your sentence.  There is support available to you in the prison and we hope that you will take advantage of it.  Maybe this will be a turning point for you, albeit a rather unpleasant turning point, but something which will make you able to turn your life around. 

3.        In the meantime, we have to punish you for the offence which you recognise that you have committed; we have to make it clear that the police must be protected; the conclusions are right and they are granted and you are accordingly sentenced on Count 1; 2 years' imprisonment, on Count 2; 12 months' imprisonment, concurrent, making a total of 2 years' imprisonment. 

4.        We order the forfeiture and destruction of the firearms seized in this case. 

Authorities

Whelan on Aspects of Sentencing by the Superior Court of Jersey.

Harrison-v-AG [2004] JLR 111.

R-v-Avis & Others (1998) 1 Cr App R 420.

AG-v-De Mouilpied [2006] JRC 161.

R-v-Duffy (2005) 1 Cr App R (S) 74.