Jersey Unreported Judgments

[2005]JRC147

ROYAL COURT

(Samedi Division)

21^st October, 2005

The Attorney General

-v-

Steven John Ollivier

Sentencing by the Inferior Number of the Royal Court, on a guilty plea to:

1 count of:

Grave and Criminal Assault (Count 2).

 

(Not guilty plea on Count 1 accepted by the Court).

Age:  35.

Plea: Count 1: Not guilty - plea accepted by Crown.  Count 2: Guilty.

Details of Offence:

Ollivier attended at Police Headquarters to wait for somebody.  He was sitting in the waiting area by the Enquiry Desk.  He had been drinking earlier in the day and had consumed approximately ten pints.  He was smoking.  The States of Jersey Police operate a "no-smoking" policy throughout its building.  Two Police Officers entered the Station and upon noticing Ollivier was smoking one of them advised him of the policy and requested that he stopped smoking or if he wished to continue for him to sit outside.  Ollivier's response was to the effect that his smoking was not bothering anybody and he ignored the Officer's request.  The Officers politely repeated his request on a number of occasions but on each occasion it was refused with the responses from Ollivier becoming more abusive and aggressive.  Ollivier was advised that if he did not stop smoking then he would be arrested for refusing to obey a lawful order from the Police.  His reaction was once again aggressive and abusive.  He was therefore arrested.  As the Officer, P.C. Cunningham, went to take hold of Ollivier's arm, Ollivier, who had throughout the early exchanges been seated, got up and punched the officer to the head.  He then grabbed the Officer in a headlock and attempted to stab the lighted cigarette into the Officer's face.  The Officer deployed C.S. spray but was unable to break the hold.  It required assistance from a number of Officers to break Ollivier's hold around the neck of P.C. Cunningham.  Ollivier was then arrested and detained.

The Officer sustained reddening around the neck and face and the incident aggravated a pre-existing shoulder injury from which the Officer had been suffering from.  The Officer described the incident as a frightening one and that he had difficulty in breathing.  He had suffered from some disturbed sleep and other stress symptoms for a period following the incident.

Details of Mitigation:

In the Crown's view Ollivier did not have the benefit of either age or good character.  It was noted that he had previous offences for assault and also particularly assault upon Police Officers and resisting arrest.  The most significant mitigating factor available to him was his guilty plea and although he had indicated a guilty plea in the Magistrate's Court this subsequently changed to not guilty, which was only then changed back to guilty at the Pre-Trial Directions Hearing.  The Crown acknowledged that the plea had avoided the expense and necessity for a contested trial.  A Social Enquiry Report and a Psychological Report were before the Court, which revealed that he suffered from a border-line personality disorder and was at high risk of re-offending.

The defence in mitigation denied that there was any punch.  Following a release from Prison for an earlier offence he had not been able to find accommodation or regular employment.  He had been sleeping on the floor of his mother's address.  It was suggested that the authorities were not helping as the mother had sought two-bedroom accommodation but had only been given one-bedroom accommodation.  Ollivier had little else to do with his time other than drink, which he funded from Welfare payments.  He had been to the Police Station on numerous occasions and had been able to smoke.  He was nervous and suffers from apprehension.  It was suggested that the Officer was confrontational rather than simply passing through and ignoring the fact that Ollivier was in breach of the States of Jersey's policy that no smoking was to take place within the building.  It was acknowledged that Ollivier had used bad language and that his reaction to the Officer seeking to arrest him had been out of proportion.  Ollivier was happy to accept an 18 month prison sentence but if the Court was minded to impose more than that, then it was suggested that the Court should give favourable consideration to Probation and/or Community Service.

Previous Convictions:

A bad record having appeared on 11 previous occasions for a total of 33 offences.  Numerous previous offences for violence including offences of a sexual nature e.g. rape, assaults, resisting the Police, drunk and disorderly and motoring offences.

Conclusions:

 

Count 2:

Grave and Criminal Assault - 2 years' imprisonment

Sentence and Observations of Court:

The Court referred to the case of Harrison -v- AG and cited from page 114 and set out the 10 factors, which the Jurats had to make an assessment of as to the seriousness of the offence.  The Court had regard to all of those matters.  Ollivier was smoking at Police Headquarters and he was asked to stop on a number of occasions in consequence of the "no smoking" policy operated by the Police.  The requests were polite but were met with foul language.  Ollivier assaulted P.C. Cunningham and several officers were required to assist.  Ollivier had not been told that he would be arrested if he did not stop smoking but rather he was told that he would be arrested if he did not obey the Officer's orders.  The Court studied all of the reports.  It noted that Ollivier had a history of heavy drinking which was apparently paid for from Welfare monies.  The Court cannot and will not condone assaults on Police Officers and the fact that this occurred at Police Headquarters merely compounded the offence.  The court had regard to the interesting address by Advocate Pearmain on behalf of Ollivier.  The court would follow the Crown's Conclusions and suggested that Ollivier who was now aged 35 needed to help himself.  The Court imposed a sentence of 2 years' imprisonment.

 

J. C. Gollop, Esq., Crown Advocate.

Advocate S Pearmain for the Defendant.

JUDGMENT

 

THE COMMISSIONER:

1.        In AG -v- Driscoll [2005]JRC083 the Deputy Bailiff cited the authority of AG -v- Harben and Harben (9^th February 2001) Jersey Unreported [2001/34] where the Court said:

Police officers have a difficult and responsible task.  They have to uphold law and order for the benefit of the community as a whole and they are entitled to the protection of the Courts.  Save in exceptional circumstances anyone who commits a grave and criminal assault on a police officer in the execution of his or her duty can expect a prison sentence

And the learned Deputy Bailiff added the words:

"We would add a not insubstantial prison sentence".

In Harrison -v- AG [2004]JLR 111, the Court said at page 114:

"The Crown, when drafting the statement of facts in the case of a grave and criminal assault, and the Jurats, when considering the appropriate sentence to pass, should make an assessment of the seriousness of the offence and should consider inter alia -

a)                           the nature of the deliberation with which the assault was carried out;

b)                          whether the blow was aimed;

c)                           whether the incident was committed in cold blood;

d)                          the degree of force with which the blow was struck;

e)                           the nature, extent, gravity, and permanence of the injury caused;

f)                            if a weapon was used, the nature of such a weapon;

g)                          whether the weapon was carried or seized on the instant;

h)                          how many were concerned in the assault and the circumstances which gave rise to their involvement;

i)                            the nature and extent of any provocation offered by the victim;

j)                            whether the offender had a record of committing the same or similar offences or constituted a danger to himself or the public."

2.        We have of course taken all those matters into account, but let us look at what happened.  Ollivier is smoking in a police station and he is there legitimately.  A police officer, PC Cunningham, asks him to stop.  The reply is 'No it's not bothering anyone'.  There is a no smoking policy in the Police Station.  There are signs to that effect.  The request is polite.  Worse was to follow, foul language follows similar further requests.  There is assault where several police officers had to assist and the assault is on PC Cunningham, but Ollivier was not told he would be arrested for smoking, he was told he would be arrested if he did not obey orders to leave the premises.  His final response was "Go on, fucking arrest me.  I'd like to see you fucking try". 

3.        We have carefully considered all the background reports, the medical reports.  It is fair to say he has an appalling record and a history of heavy drinking which is apparently paid for out of his welfare payments.  This Court cannot and will not condone assaults on police officers and in our view an assault in the precincts of the police station merely compounds the offence.

4.        Despite the interesting address of Advocate Pearmain we will follow the recommendations of the Crown and at the age of 35 Ollivier must help himself and take advantage of the advice of his personal officer at the prison.

5.        We are going to sentence you to 2 years' imprisonment which includes the time already served in custody.

Authorities

Harrison -v- AG [2004]JLR111.

AG -v- Driscoll [2005]JRC083.