Jersey Unreported Judgments

Inferior Number Sentencing - grave and criminal assault - larceny - drugs - possession - Class C.

[2017]JRC065

Royal Court

(Samedi)

21 April 2017

Before     :

MW. J. Bailhache, Esq., and Jurats Ramsden and Thomas

The Attorney General

-v-

Grant Craig Milon

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

1 count of:	Grave and criminal assault (Count 1).
1 count of:	Larceny (Count 2).
1 count of:	Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978 (Count 3).

Age:  30.

Plea: Guilty.

Details of Offence:

Count 1

On 11^th July, 2016, the victim had spent the day with several acquaintances drinking in Parade Park.  At some point during the day the defendant joined the group.  The defendant had also been drinking that day.  They did not speak to one another prior to the assault.  The defendant pushed the victim once to the back of the neck and then immediately walked away without seeing how the victim landed or what injuries he sustained.  The victim fell face first onto a concrete surface, breaking his jaw and tearing his tongue, requiring surgery.  He went to A&E and was admitted overnight due to his injures. 

Count 2

On 15^th November the defendant walked into Tesco's Alliance, picked up a crate of cider valued at £22.95 and walked out without paying.  He was arrested later that same evening outside the hospital whilst drinking a bottle of cider. 

Count 3

At Police Headquarters the defendant was found to be in possession of two 5mg Diazepam tablets. 

Details of Mitigation:

Guilty plea.

Previous Convictions:

Seventeen previous convictions for 43 offences, including common assault, robbery and several larceny offences. 

Conclusions:

Count 1:	2 years' imprisonment.
Count 2:	3 weeks' imprisonment, concurrent.
Count 3:	1 week's imprisonment, concurrent.

Total: 2 years' imprisonment.

Exclusion Order sought from excluding the defendant from 1^st, 2^nd, 4^th, 5^th and 7^th category licensed premises except for the following premises ;

i.              The Multiplex Cinema

ii.             Jersey Airport; and

iii.            The Ferry Terminal at Elizabeth Harbour.

for a period of 12 months taking effect from the day on which the defendant would be eligible for release having served two-thirds of his sentence.

Forfeiture and destruction of the drugs sought.

Sentence and Observations of Court:

Conclusions granted.

The Attorney General appeared for the Crown.

Advocate S. E. A. Dale for the Defendant.

JUDGMENT

THE BAILIFF:

1.        You are here to be sentenced on an Indictment which contains three counts, one of grave and criminal assault, one of larceny and one count of possession of diazepam.  The most serious of these offences is the assault charge.  Your basis of plea was as follows: that you assaulted the victim by pushing him once to the back of the neck and then you immediately walked away.  You left the area and did not return to see how the victim landed or what injuries he sustained.  In fact he sustained a fractured jaw and a laceration of the tongue which required stitches and surgical intervention insofar as the jaw was concerned.  You have a poor record including seven convictions for public order offences.  You have pleaded guilty and are therefore entitled to credit, your counsel says full credit, and we accept that, for the guilty plea.  You have written us a letter in which you express remorse for the offence which has taken place. 

2.        We have to sentence you for what you have done and the Court takes this offence seriously.  It did cause some serious injuries but they could have been worse.  Here you have a complainant/victim who had first of all had consumed some alcohol and secondly he walks with a stick so he was clearly a vulnerable person and because of the drink which you had consumed perhaps you misunderstood what he was doing when he bumped into you but, nonetheless, the drink which you had consumed aggravates your offence.  Now your counsel says that you recognise this now and that you are determined to deal with it and that is absolutely positive, that is good.  The custodial sentence that we are going to impose will actually assist you to deal with it.  We think the Crown's conclusions are correct and we are going to sentence you to 2 years' imprisonment on that grave and criminal assault charge.

3.        I just want to say two things about that.  The first is that your counsel has referred to the case of AG-v-Bisson [2015] JRC 073 where a similar sentence was imposed by the court and the injuries were considerably more extensive than the injuries which were suffered by this particular victim.  The circumstances around different offences lead to different sentences sometimes being imposed.  We cannot compare one case with another but it is worth emphasising that this case, the injuries which were caused, could have been worse, he could have landed on his head on that tarmac and he could have been in the same condition as the complainant in the case of AG-v-Bisson and so the way you must look at it is that it is your conduct which is being sentenced - and indeed we have regard to the injuries but, as I say, they could have been worse. 

4.        The second thing we would wish you to take out of Court today is that you say, through your counsel, that you do not regard yourself as a lost cause and you are absolutely right.  You should not regard yourself as a lost cause and the Court never regards people as a lost cause either.  It will not be easy when you come out of prison because you have the track record which you have and you have had the difficulties of alcohol which you have but you will get the opportunity in prison for a great deal of assistance which is available and you should take it and use the time which you have in custody in order to clear the drinking problems which you have. 

5.        The Court, in accordance with the conclusions of the Crown, therefore sentences you as follows.  On Count 1; 2 years' imprisonment. on Count 2; 3 weeks' imprisonment, concurrent, on Count 3; 1 week's imprisonment, concurrent, makes a total of 2 years' imprisonment. 

6.        We order the forfeiture and destruction of the drugs. 

7.        We also make an Exclusion Order under Article 2(1) of the Licensed Premises (Exclusion of Certain Persons)(Jersey) Law 1998.  That means that you are not to go into any licensed premises 1^st, 2^nd, 4^th,5^th or 7^th, excluding the Multiplex Cinema, Jersey Airport and the Ferry Terminal at Elizabeth Harbour for a period of 12 months taking effect from the day on which you become eligible for release having served two-thirds of your sentence. 

Authorities

AG-v-Bisson [2015] JRC 073.

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

Harrison-v-AG [2004] JLR 111.

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