Jersey Unreported Judgments

Inferior Number Sentencing - grave and criminal assault.

[2016]JRC067A

Royal Court

(Samedi)

18 March 2016

Before     :

T. J. Le Cocq, Esq., Deputy Bailiff, and Jurats Olsen and Ronge

The Attorney General

-v-

Matthew Luke Sharman

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

1 count of:

Grave and criminal assault (Count 1).

Age:  22.

Plea: Guilty.

Details of Offence:

The defendant consumed a large quantity of alcohol from late afternoon into the evening.  After accompanying a friend to Liberation Station the defendant approached the victim who was waiting for his girlfriend outside the toilets.  The defendant asked the victim for some tobacco.  The victim declined to give him any and attempted to walk away.  The defendant took the victim by the neck and swung punches at the victim's upper body/head region; fortunately the victim managed to avoid both blows. 

The victim attempted to walk off but again the defendant followed.  The victim attempted to push the defendant off him as the defendant swung at him.  During the struggle they both fell to the ground and on the floor the victim attempted to hold the defendant down, however the defendant pushed him off and punched the victim twice to the head and upper body.  The defendant fell on top of the victim and held him down with one hand whilst punching the victim's head and upper body region.  He then stood up and kicked the victim to the head before walking off.  

The defendant was arrested later that night outside Chambers. 

Details of Mitigation:

Guilty plea, youth. 

Previous Convictions:

The defendant has a lengthy record including previous assault convictions. 

Conclusions:

Count 1:

18 months' imprisonment.

Existing probation Order to be discharged.

Exclusion Order sought excluding the defendant from 1^st, 2^nd, 4^th, 5^th and 7^th category licensed premises excluding the Multiplex Cinema, Jersey Airport and the ferry terminal at Elizabeth Harbour for a period of 12 months from the date of his release from prison. 

Sentence and Observations of Court:

The Court stated this was a drunken, unprovoked attack on a victim who tried to walk away.  The Court stated the defendant had been un-cooperative, possessed a poor record and was of a high risk of re-offending.  The Court noted the defendant wasn't beyond redemption and were able to reduce the Crown's conclusions and encouraged the Defendant to make use of the opportunities available to him in prison. 

Count 1:

15 months' imprisonment.

Discharge of existing Probation Order ordered. 

Exclusion Order made excluding the defendant from 1st, 2nd, 4th, 5th and 7th category licensed premises excluding the Multiplex Cinema, Jersey Airport and the ferry terminal at Elizabeth Harbour for a period of 12 months from the date of his release from prison. 

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

Advocate S. A. Pearmain for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        You are to be sentenced for one count of grave and criminal assault.  It was a drunken and unprovoked attack on a victim who had tried to walk away.  As well as hitting him you kicked him in the head whilst he was on the ground.  You showed very little remorse to the police and you have appeared to treat the matter in an entirely cavalier fashion which is reflected in the behaviour that you have exhibited in the Court this morning.  You could not be characterised as cooperative; you have a history of not responding to non-custodial measures and you are by dint of this offence, in breach of a Probation Order.  You have a poor record to which the Crown has made reference, and you are characterised as being at high risk of reoffending.

2.        We note the mitigation that is available to you, in particular we note your guilty plea and we note your youth, which still has some value in terms of mitigation.  The policy of the Court is very clear however and, as I think you have accepted through counsel, you must inevitably face a custodial sentence. 

3.        Having said that, we do not take the view that you are beyond redemption and we wish, as a result, to make some gesture in the light of the very difficult circumstances that your background report has disclosed. 

4.        The sentence of the Court is that therefore you will go to prison for 15 months and we hope that in doing so you will take advantage of the opportunities that are available to you in prison.  We discharge the Probation Order and we make an Exclusion Order in the terms moved for by the Crown. 

Authorities

Whelan on Aspects of Sentencing in the Superior Court of Jersey (3rd Edition).

Harrison v Attorney General [2004] JLR 111.

Attorney General v Ewens, Lister and Wilk-Weller [2015] JRC 127.

Attorney General v Martins [2015] JRC 016.

Attorney General v Huet [2014] JRC 130A.