Jersey Unreported Judgments

Inferior Number Sentencing - assault

[2022]JRC284

Royal Court

(Samedi)

15 December 2022

The Attorney General

-v-

Magno Raimundo Gaspar Reis

Sentencing by the Inferior Number of the Royal Court, following conviction at Assize Trial on 5^th October 2022 to the following charge:

Age:  23. 

Plea: Not guilty to grave and criminal assault, convicted of common assault in the alternative

Details of Offence:

Shortly after 3:00am on 27^th September 2021, the Defendant and friends were walking in Minden Place.  Also in Minden Place were the Victim with two friends, and a third group of men.  The Defendant and the Victim did not know each other.

Outside the Jersey Telecom building an altercation took place between the Defendant's group and the third group of men.  The Victim approached two men who were having an altercation.  The Victim went to separate the two men.  The Defendant approached and punched him once to the head.

The Victim subsequently fell to the ground and was rendered unconscious.  He has no memory whatsoever of the assault.  By the verdict of the Jury, which acquitted the Defendant of grave and criminal assault, the Defendant was not responsible for the serious injuries sustained.

The Defendant approached the Victim whilst he was on the ground before walking home with his girlfriend.  During the walk home the Defendant became upset about his actions.

Details of Mitigation:

No previous convictions, previous good character.  Had offered a plea to common assault on Indictment.

Previous Convictions:

None. 

Conclusions:

Sentence and Observations of Court:

Ms L B. Hallam, Crown Advocate.

Advocate A. E. Binnie for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        You are 23 years of age and fall to be sentenced today for an offence of common assault.  The circumstances are that at 3am on 27^th September 2021 whilst in Bath Street you assaulted a total stranger.  You punched him once in the face, you had been drinking earlier that night in St Helier and you were so drunk that you cannot recall the incident and could not recall it when you gave evidence to the jury.

2.        It is no credit to you at all that you behaved in that way.  Drunken violence on the streets of St Helier is unacceptable and you could not complain today if the Court had determined to sentence you to a period of imprisonment.  That is not going to be the sentence of the Court because of a number of factors which collectively mean that the Court is able to adopt a different course.  That is a course which is appropriate to this Court and although we have been asked to consider the Magistrate's Court guidelines ,they are not binding in this Court.

3.        As we have said you are 23 years of age, and until this offence you were a man of good character.  You were acquitted by the jury of an offence of grave and criminal assault and convicted of common assault.  That was a plea that you had offered to the Crown at about the time you were indicted and accordingly you receive substantial credit for that tendered plea of guilty.  You are also in full-time employment and notwithstanding various challenges you have with your mental health, which is set out in detail in reports before us.

4.        We have read a letter of remorse that you have written to the Court, and we accept that this assault was wholly out of character.  For those reasons we are able to impose a financial penalty upon you and you will pay a fine of £1,500 at the rate of £100 per week with the first payment due by 2pm tomorrow.  In default of any payment you will be liable to a prison sentence of up to two months.  That is the sentence of the court.

Authorities

Whelan on Aspects of Sentencing

Harrison v AG [2004] JLR 111

AG v Cummins [2006] JRC 070

Magistrate's Court Guidelines - Assault.