Jersey Unreported Judgments

[2004]JRC106

ROYAL COURT

(Samedi Division)

 

11^th June, 2004

 

 

The Attorney General

-v-

Jason Paul Michael Harrington

 

 

1 count of:

Grave and criminal assault.

 

 

Age:     25.

 

Plea:    Guilty.

 

Details of Offence:

After a night out drinking heavily with the staff at the hotel where he was staying, the Defendant stated that he woke to find the victim (the hotel receptionist) performing oral sex on him in his room.  The Defendant "lashed out" delivering multiple blows to the victim's head, causing two fractures to his jaw that required surgery and the insertion of titanium plates.  The Defendant then forcibly restrained the victim and called the police.  When the police arrived the Defendant was arrested for grave and criminal assault.

The victim maintained that the Defendant had invited him to perform the sexual act.  However, in the face of the conflicting stories, the Crown invited the Court to sentence on the Defendant's version of the facts.

 

Details of Mitigation:

Guilty plea, extreme provocation, embarrassment, previous good character, no record of violence.

 

Previous Convictions:

One drink driving offence.

 

Conclusions:

12 months' imprisonment.

 

 

Sentence and Observations of Court:

12 months' imprisonment, suspended for 12 months.

Despite the extreme provocation, the Court decided that the amount of violence used by the Defendant did warrant a prison sentence.  However, the Court decided to impose a suspended sentence and told the Defendant that he had escaped custody "by the skin of his teeth".

 

 

 

C.M.M. Yates, Esq., Crown Advocate.

Advocate D. Gilbert for the Defendant.

 

 

 

JUDGMENT

 

 

THE COMMISSIONER:

1.        You have, at the age of 25, an unblemished record, and certainly nothing for violence, despite the fact that you clearly drink excessively on occasions.  Your work record is very good and the provocation was extreme.

2.        We have to say this it was not a case of homo-sexual overtures viciously repulsed but an act of unsolicited sex attempted at a time when you were asleep.  For those reasons this is not at all on "all fours" with the case of A.G. -v- Cairns (9^th February, 1996) Jersey Unreported; [1996/29], and we have, of course, had careful regard to the guidance of the Court of Appeal in Harrison -v- AG [2004]JCA046.

3.        You called the police yourself, and you did nothing to remotely warrant the act of indecency committed on you.  We have again very carefully read all the references which have been supplied and the carefully prepared background reports.

4.        We have to say that the amount of violence that you perpetrated does warrant a prison sentence.  We fully agree with the Crown Advocate in that regard and we have to say that you have escaped prison by the "skin of your teeth".

5.        We are going to sentence you to 12 months' imprisonment, but we are going to suspend that for 12 months.  We understand that you are not a local resident, but your contract still has some time to run and we are going to ask Miss Gilbert if she would be so kind as to explain precisely what the sentence we have just imposed on you means.

Authorities

A.G. -v- Cairns (9^th February, 1996) Jersey Unreported; [1996/29].

Mallet -v- A.G. (14^th July, 2000) Jersey Unreported; [2000/134].

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