Jersey Unreported Judgments

 2002/95

ROYAL COURT

(Samedi Division)

 

10^th May 2002

 

 

The Attorney General

-v-

Lee Brian Harvey

Anthony Paul McLoughlin

 

Lee Brian Harvey

 

1 count of:

Grave and criminal assault (count 1).

 

Age:     24

 

Plea:    Guilty

 

Details of Offence:

Harvey (24) and McLoughlin (20) met up during the afternoon of Saturday 27^th January, 2002, and visited various licensed premises in St Helier during which they consumed substantial quantities of alcohol.  Between 6.00 p.m. and 7.00 p.m. on that day they went, in the company of two other males, to the Soleil Levant pub where they continued to drink.  The group became increasing rowdy, playing practical jokes upon one another.  In the course of one of these practical jokes a glass fell to the floor and smashed and this conduct generally disturbed and irritated other patrons of the pub.  The licensee directed the doormen at the pub to inform the group that they would not be served any more alcohol and that they should leave the premises.  McLoughlin remonstrated with the licensee, glared at her and at the doorman and was described as being aggressive.  He swore and was generally abusive to the staff.  As he was being shown off the premises he launched an attach at the victim, who later indicated in his statement to the police that McLoughlin had head butted him three times in the face and punched him four times, before eventually being ejected.  The States of Jersey Police were called by the licensee.  By the time they arrived the attack had finished and McLoughlin had made his way off, together with some of the members of the group with whom he was drinking.  The close circuit television cameras in St Helier were activated to focus on the area outside the pub.  Approximately four minutes after the first incident McLoughlin returned to the scene and launched a second attack against the doorman.  Nearly simultaneously Harvey joined the attack.  Whilst McLoughlin threw one additional punch in the secondary attack and was thereafter wrestled away, Harvey became involved in a frenzied attack against the victim, punching him in total sixteen times in and about the head, kicking him to his body once, and continuing the assault long after the victim was helpless.  McLoughlin then returned to the fray and kicked the victim twice in the head.  When interviewed the accused both admitted the assault.  McLoughlin accepted that it was his fault and that his friends had been trying to defend him; whereas Harvey said that he had been trying to protect McCloughlin who had initiated the attack.  It was an unprovoked assault.

 

Details of Mitigation:

A 24 year old first offender.  He had a good work record as a qualified carpenter and was an accomplished sportsman, having represented Jersey in the inter-insular football match against Guernsey.  The conduct was out of character and he lost control having consumed approximately eight pints of beer.  He pleaded guilty at the first occasion and was remorseful, having reviewed the video of the attack.

 

Previous Convictions:

None.

 

Conclusions:

 

Count 1:

15 months' imprisonment.

 

Sentence and Observations of Court:

Conclusions granted.

 

The Court initially indicated that it was minded to increase the conclusions of the Crown.  Having heard the mitigation offered by defence counsel the Court granted the Crown's conclusions and sentenced Harvey to 15 months' imprisonment; and McLoughlin to 12 months' youth detention.  The Court gave the appropriate explanations as to why it had. In the case of McLoughlin, the Court found it unacceptable to impose a non-custodial sentence.  The Court restated the policy that persons using the streets of St Helier in a lawful manner should be free to do so without the fear of violent attack of this nature.  The Court additionally observed that at the time that this assault arose (approximately 8.20 pm) members of the public with young families could well have been using the streets of St Helier and would have been shocked and distressed by the spectacle of these men fighting.  The Crown wished to mark its disapproval of the conduct by imposing a custodial sentence which it considered was unavoidable.

 

Anthony Paul McLoughlin

 

Count 1:

Grave and criminal assault.

 

Age:     20.

 

Plea:    Guilty.

 

Details of Offence:

(See Harvey)

 

Details of Mitigation:

He was only 20 but this was not his first offence.  He had previous for assault and breach of the peace and clearly somebody who could not be trusted to control his anger when in drink. He had consumed approximately ten pints of beer before the assault took place.  He had the mitigation of youth, the guilty plea, and expressed remorse through counsel.  The injuries to the victim were not serious or long lasting.  He had cuts and bruises to his face and body and was released after treatment at A&E.

 

Previous Convictions:

1 for common assault;

2 for breach of peace.

 

Conclusions:

12 months' youth detention.

 

Sentence and Observations of Court:

Conclusions granted.

See Harvey.

 

M.St J O'Connell, Esq., Crown Advocate.

Advocate M. Guillaume for L.B.Harvey.

Advocate Mrs S.A. Pearmain for A.P. McLoughlin.

 

 

JUDGMENT

 

THE BAILIFF:

1.        The Court wishes to state at the outset that violence of this kind on the streets of St Helier is completely unacceptable and will not be tolerated by the Court.  This incident took place at about 8.20 p.m. on a main street in the centre of the town, at a time when families with children might well be expected to be present.  It was no doubt fuelled by the alcohol that the accused had drunk during the day and that is another aggravating factor.  We have had the opportunity of viewing the incident on the video tape on which it was recorded.  It is clear that the second part of the attack on the doorman in which both the accused were involved was completely unprovoked.  Furthermore, it followed more than 4 minutes after the first incident and the ejection of the accused from the public house, during which there was some opportunity for tempers to cool. 

2.        There is of course mitigation available to both accused.  So far as Harvey is concerned he has no previous convictions for violence and he pleaded guilty at an early stage to the offence.  We accept that he has shown remorse and that he has shown a wider responsibility to the community by offering to share his skills as a footballer with children under the auspices of the Jersey Child Care Trust. 

3.        So far as McLoughlin is concerned, he is not a first offender in terms of violence, but nonetheless he has pleaded guilty to the indictment.  He is younger than his co-accused, and we have regard to the terms of Article 4 of The Criminal Justice Young Offenders (Jersey) Law, which prevents the Court from imposing a sentence of youth detention other than in certain circumstances.  We have reached the conclusion, however, that no other method of dealing with McLoughlin is appropriate in this case, because the offence is so serious that a non-custodial sentence cannot be justified.

4.        We had initially been considering increasing the conclusions of the Crown, but having regard to the mitigation outlined very ably by counsel for the defence, we think that the conclusions are in fact correct.  We cannot avoid imposing custodial sentences in order to send out a clear message that unprovoked attacks of this kind in a public place will be punished by the deprivation of liberty.

5.        Harvey you are accordingly sentenced to 15 months' imprisonment.  McLoughlin you are sentenced to 12 months' youth detention, and I have to tell you that on your release from youth detention you will be liable to supervision by a Probation Officer or other official in accordance with the Young Offenders Law.

Authorities

A.G.-v-Mallett (24^th May, 2000) Jersey Unreported [2000/87].

A.G.-v-de Freitas (20^th April, 2001) Jersey Unreported [2001/86B].

A.G.-v-Porteous (15^th June, 2001) Jersey Unreported [2001/138].

A.G.-v-Bonhomme (16^th July, 2001) Jersey Unreported [2001/146].

A.G.-v-Blackley (23June, 2000) Jersey Unreported [2000/114].