Jersey Unreported Judgments

Inferior Number sentencing - grave and criminal assault.

[2012]JRC206

Royal Court

(Samedi)

9 November 2012

Before     :

W. J. Bailhache, Q.C., Deputy Bailiff, and Jurats Morgan and Olsen.

The Attorney General

-v-

Krzysztof Czeslaw Kopec

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

2 counts of:

Grave and criminal assault (Counts 1 and 2).

Age:  30.

Plea: Guilty.

Details of Offence:

The defendant and a friend had been drinking after work.  At the end of the night they went to a takeaway in town.  There was a disagreement with two men as to possibly having pushed in.  The defendants started to become aggressive.  In the space of a little over five minutes the defendant (who wore steel toe capped boots) inflicted the following on two men who he had not previously met and had encountered in a queue in the takeaway: five kicks to Mr Gibson's upper body or head; one kick to Mr Brewer's chest; seven or eight punches to Mr Gibson's upper body or head; three punches to Mr Brewer's upper body or head and two slaps to Mr Gibson's head or face.  The defendant also pushed Mr Gibson twice, once forcing his head against a glass door, and kneed him in the thigh.  The defendant was intoxicated at the time of the offence. 

Details of Mitigation:

Guilty plea; partially cooperative with police.  The steel boots were work boots.  Good work record.  Was supporting ex-wife and disabled child in Poland.  Settled in Jersey with fiancée. 

Previous Convictions:

Two previous convictions and his Parish Hall caution. 

Conclusions:

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

Total: 2 years' imprisonment.

Exclusion Order sought for a period of 12 months from date of release from 1^st, 2^nd, 3^rd, 4^th, 5^th and 7^th category licensed premises excluding the Multiplex Cinema, the Jersey Arts Centre, the Jersey Airport, the Ferry Terminal at Elizabeth Harbour and the Opera House, but if a non-custodial sentence given then an 18 month Exclusion Order sought under the same conditions to date from today.

Compensation Order in the sum of £110 sought.

Recommendation for deportation sought.

Sentence and Observations of Court:

Agreed with Crown's conclusions.  The defendant agreed to the making of the Compensation Order.  The Jurats were divided on recommending a Deportation Order.  The sitting Judge decided against it but warned repeat conduct would likely result in a deportation recommendation. 

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

Total: 2 years' imprisonment.

Exclusion Order made for a period of 12 months from 1^st, 2^nd, 3^rd, 4^th, 5^th and 7^th category licensed premises excluding the Multiplex Cinema, the Jersey Arts Centre, the Jersey Airport, the Ferry Terminal at Elizabeth Harbour and the Opera House from date of release from custody.

Compensation Order made in the sum of £110 to be paid within 2 months of release from custody or 1 week's imprisonment in default.

No recommendation for deportation made.

Ms E. L. Hollywood, Crown Advocate.

Advocate J. N. Heywood for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        Mr Kopec, you are here to be sentenced for two counts of grave and criminal assault.  The assaults took place at night when you were heavily under the influence of drink.  They were very serious assaults, and we do not agree with your counsel who suggested that the injuries were not severe.  You left one victim unconscious in a pool of blood; he was off work for nearly four weeks and still suffering the impact of the assault two months later. 

2.        The Court has made it clear on many occasions that drunken violence on the streets of St Helier will be met with a custodial sentence and, notwithstanding the mitigation that has been advanced, and we recognise your guilty plea, your expressions of remorse and regret, and the personal circumstances which have been set out, despite all that, we see no reasons not to impose a custodial sentence in this case. 

3.        We think the Crown's conclusions were absolutely right, although we had at one stage considered whether they were too low.  Accordingly on Count 1 you are sentenced to 2 years' imprisonment and on Count 2 to 15 months' imprisonment, concurrent. 

4.        Given the impact of alcohol on these offences we make an Exclusion Order which will run for 12 months from the date of your release from prison.  During that time you are not permitted to go into any licensed premises, 1^st, 2^nd 3^rd, 4^th, 5^th or 7^th category licenses, apart from the Multiplex Cinema, the Jersey Arts Centre, Jersey Airport, the Ferry Terminal at Elizabeth Harbour and the Opera House. 

5.        We also make a Compensation Order in the sum of £110 which you must pay within 2 months of your release and if you do not pay it, you will serve an additional 1 week's imprisonment so it would  run consecutively to the other sentences.

6.        We have taken some time to consider the question of deportation.  Coming to this Island is a privilege and there is no room for conduct of the kind which you have shown here.  We have no doubt at all that the first limb of the test as laid down in the case of Camacho is met.  This is conduct which would justify a recommendation for your deportation.  We come to consider however your personal circumstances and the circumstances of those around you, who would be affected by such a recommendation, and I have to tell you that the Jurats are divided as to whether you should or should not be the subject of a recommendation.  I am going to come down on the side of the Jurat who is not going to make that recommendation and so we are not going to recommend your deportation on this occasion, and I say on this occasion because you must realise how close you have come to it.  The previous convictions of being drunk and disorderly not long before the present offences, and these offences, do show that you are going on a downward spiral, caused it seems to us, by drink and we have heard your counsel say that you intend to abstain from drink in the future and we think that would be very sensible.  If there were to be any repeat of conduct of this kind, we think it is very likely that the Court would recommend deportation next time and that the impact of that on your fiancé and her child would not override the question of deportation. 

Authorities

Camacho-v-AG [2007] JLR 462.

Harrison-v-AG [2004] JLR 111.

Whelan on Aspects of Sentencing in the Superior Courts of Jersey (Third edition).

Licensed Premises (Exclusion of Certain Persons)(Jersey) Law 1998.

Criiminal Justice (Compensation Order)(Jersey) Law 1994.

AG-v-Passman [2007] JRC 230.

AG-v-Williamson [2011] JRC 232.