Jersey Unreported Judgments

[2004]JRC062

ROYAL COURT

(Samedi Division)

 

2^nd April, 2004.

 

 

The Attorney General

-v-

Adam Stefan Ford

 

 

1 count of:

Grave and criminal assault.

 

 

Age:     21.

 

Plea:    Guilty.

 

Details of Offence:

On 26^th December, 2003, Ford had met up with his father for a drink in a public house.  He later met up with other friends with whom he spent the evening drinking.  They then decided to go to a nightclub via Somerset Place.  As the four men turned down the alley into Somerset Place they encountered two young men coming towards them.  One of these was the seventeen year old victim who had also been drinking.  After a brief altercation fighting broke out in the Parade and punches were exchanged.  At some point during the fight when the Defendant was on the offensive and they both had hold of each other, the victim was propelled head first through a large glass window sustaining serious cuts to his head.  The Defendant sustained cuts to his hands.  It was agreed that the Defendant did not deliberately aim the victim's head at the glass but was responsible for the assault and its consequences.  The victim was taken by ambulance where 14 stitches were inserted into the 4 cm.  laceration behind his ear and four stitches to a cut on top of his head.  At interview, the Defendant admitted being drunk on a scale of 9 out of 10.  At interview, he admitted his part in the assault but said he had not pushed the victim through the window intentionally and expressed his remorse.

 

Details of Mitigation:

Guilty plea for which particular credit was given because the victim had indicated in his statement he was unwilling to give evidence.  Two days before the offence the defendant had found out that his girlfriend with whom he had been living for three years, was pregnant by his best friend.  Defendant drank heavily to drown his problems.  He was a hard worker who had never been out of work.  Bitterly regretted the incident which was wholly out of character.  Denied that he had acted in self defence and fully admitted his responsibility.  Wanted to return to Wolverhampton to be with his family.  He had not consumed alcohol since the offence and found the three days in custody intimidating.  Various personal references handed up.

 

Previous Convictions:

One previous conviction for affray in 1998 when in his teens:  Wolverhampton Juvenile Court ordered a 12 months' Supervision Order and £100 compensation Order.

 

 

Conclusions:

 

Count 1:

9 months' imprisonment.

 

 

Sentence and Observations of Court:

After anxious consideration of the conclusions which on the face of it appeared modest, Court indicated that ordinarily it would not have hesitated to grant the conclusions or even increase them.  However, the exceptionally strong mitigation allowed the Court to temper justice with mercy.  Sentenced to 240 hours' Community Service to be supervised by Wolverhampton Authorities.  A direct alternative would have been a custodial sentence of 18 months.  Defendant wanted to leave the Island within a week.

 

 

 

Mrs S. Sharpe, Crown Advocate.

Advocate R. McRae for the Defendant.

 

 

 

JUDGMENT

 

 

 

THE BAILIFF:

1.        The Court has given anxious consideration to the conclusions of the Crown Advocate which on a first reading of the papers seemed very modest on the basis that the defendant had pushed his victim through a plate glass window causing considerable injuries.

2.        The Crown does, however, accept that there was no intention to propel the victim through the glass and that it happened in the context of a drunken brawl.  The defendant was indeed very drunk and ordinarily the Court would not have hesitated to grant the conclusions or indeed to increase them.  Drunken violence on the streets of St Helier is completely unacceptable and will not be tolerated by the Court.

3.        It is only because of the exceptionally strong mitigation put before us by defence counsel that we are going to temper justice with mercy.  The emotional stress from which we are told the defendant was suffering at the time, his remorse, and the absence of a record for violence have all persuaded us that this violent incident was, as counsel submitted, out of character. 

4.        Ford, we are going to impose a community service order of the maximum number of hours upon you to be performed in Wolverhampton under the supervision of the West Midlands Probation Service.  We expect you to leave the Island within the week so as to commence the community service in short order.  I must warn you that if you do not perform the community service satisfactorily you will be brought back to Jersey and almost inevitably you will go to prison.

5.        The sentence of the Court is that you will perform 240 hours of community service and we declare that the alternative custodial sentence is one of 18 months' imprisonment.

Authorities

A.G. -v- Ewing (24^th October, 1997) Jersey Unreported; [1997/199].

Harrison -v-A.G. [2004]JCA046.

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