Jersey Unreported Judgments

[2003]JRC015

ROYAL COURT

(Samedi Division)

 

17^th January 2003

 

 

The Attorney General

-v-

Raynard Phillip Jones

 

 

1 count of:	Grave and criminal assault (count 1)
1 count of:	Being disorderly on licensed premises contrary to Article 83 of the Licensing (Jersey) Law 1974 (Count 2).

 

Age:     23

 

Plea:    Guilty.

 

Details of Offence:

Jones, who was on holiday in the Island, became disorderly on stage area in Havana Club.  Doormen were in process of escorting him from premises when he became involved in a struggle with one of the doormen during which he bit the doormen's ear.  Maintained bite as he was pulled to floor.  Doorman required treatment to a 1.5cm cut to the top of his ear.  No permanent disfigurement.  Jones had been drinking.

 

Details of Mitigation:

Guilty plea.  Remorse.  Had been in great pain at time due to foot injury being aggravated by awkward jump from stage.  Responsible for partner and 11 month old son.

 

Previous Convictions:

Three previous convictions for assault including one for grievous bodily harm.

 

Conclusions:

Count 1:	2 years' imprisonment.
Count 2:	£400 or 4 weeks' imprisonment, in default of payment, concurrent with sentence passed on count 1.

 

 

 

Sentence and Observations of Court:

Count 1:	18 months' imprisonment.
Count 2:	1 month's imprisonment, concurrent.

 

 

A. R. Binnington, Esq., Crown Advocate.

Advocate G.S. Robinson for the Defendant.

 

 

JUDGMENT

 

 

THE DEPUTY BAILIFF:

1.        This was a serious assault involving biting the ear of a doorman, who was simply doing his duty, and who is entitled to expect the Court's protection. Furthermore, it was not a momentary bite, it lasted for some 5 to 6 seconds.  Teeth can be a powerful instrument and can clearly lead to nasty injuries.  We accept that on this occasion, it led to a 1½ cm cut to the doorman's ear which required hospital treatment, but did not lead to any long term scarring or other injury.

2.        It is not your first conviction for violence.  You have three previous convictions for assault in Wales.  Two admittedly were very minor, but one in June, 2000, involved a sentence of 12 months' imprisonment when you assaulted your former girlfriend.

3.        Miss Robinson, however, has put forward a number of mitigating factors on your behalf.  She has referred, importantly, to your guilty plea, and the Court always gives credit for a plea of guilty in a case such as this.  She has pointed out that there is no evidence really to support the assertion that you were behaving badly on the stage by waving a bottle and we accept that.  But, of course, that was no justification for what you did later in the assault.

4.        We have read carefully the letters and references which you have written, and others have written on your behalf, and what these show is that there is a good side to you.  Unfortunately, however, alcohol causes you difficulties and has led you to commit a number of offences in the past and this offence on this occasion. 

5.        Miss Robinson has urged us in the light of all the mitigation she has put forward to impose a probation order, enabling you to carry that out in Wales, where you live. We have considered that carefully, but we feel that the offence was too serious to enable us to take that course.  There is too much violence in the streets and night clubs of St Helier.  The courts have repeatedly said that they will not tolerate it and will punish such offences seriously. 

6.        As to the length of imprisonment, the Court has been referred to the case of A.G. -v- Murphy (3^rd June, 1994) Jersey Unreported, and to the Attorney General's Reference No. 60 of 1996 [1997] 2 Cr. App. R (S) 198.  Having regard to the facts of those cases, and having regard also to the mitigation which Miss Robinson has put forward, we feel that the sentence of 2 years should be reduced.  We think that the right sentence is one of 18 months' imprisonment and that is the sentence of the Court.  On count 2, 1 month's imprisonment, concurrent.

Authorities

Mallett -v- A.G (2000) JLR 256.

A.G. -v- Murphy (3^rd October, 1994) Jersey Unreported.

Attorney General's Reference No. 60 of 1996 [1997] 2 Cr. Appeal. R. (S) 198.