Jersey Unreported Judgments

[2007]JRC140

ROYAL COURT

(Samedi Division)

18^th July 2007

Before     :

Sir Richard Tucker, Commissioner, and Jurats de Veulle, Tibbo, King, Le Cornu and Morgan.

The Attorney General

-v-

Russell John Barton

Sentencing by the Superior Number of the Royal Court after conviction by the Assize Court on 22^nd June, 2007, on charges of:

2 counts of:

Grave and criminal assault.  (Counts 1 and 2).

Age:  35.

Plea: Not Guilty.

Details of Offence:

After an evening's drinking the accused was loitering and became involved in a street fight with two other men who, after the first phase of the fight, followed the accused into another street.  He used the blade of a multi-tool (Swiss Army knife principle) to inflict wounds to the neck, chest, abdomen, side and hands of one victim, and to the soft area under the chin, and to the hands of the other.  All of the wounds required immediate dressing in hospital.  The wound in the soft underside of the chin required stitching and left a scar.  The wounds were not deep but were nasty enough and delivered with sufficient force in the case of the bodily wounds to penetrate clothing.  In both cases there was a strike to the neck/throat area with the potential for grievous injury which that entailed.  Barton has a lengthy history of violence which has been amplified by this attack and not one, but two victims with the repeated strikes with a blade.  In his evidence, the accused relied exclusively on alibi.  He was disbelieved and convicted.

Details of Mitigation:

Fortuitously the injuries were not of the first order of seriousness.  Some account might be taken of the fact that in the altercation the accused had been faced by two men.  The accused recognised that he lacked the shelter of youth, character or a plea and therefore instructed counsel not to detain the court by straining to find mitigation which was absent - a respect for the Court's time which itself was offered as a form of mitigation.

Previous Convictions:

27 Previous Convictions - 86 Offences.  19 previous offences against the person (1989-2005); a record predominantly of drunkenness, public disorder and violence.

Conclusions:

Following a Harrison analysis of the facts a starting point of 4 years 6 months from which there was no discernible mitigation.

Count 1:	4 years 6 months' imprisonment.
Count 2:	4 years 6 months' imprisonment.

Total: 4 years 6 months' imprisonment.

Discharge of Community Service Order dated 10^th May 2006 sought.

Sentence and Observations of Court:

Conclusions granted: 4½ years' imprisonment, Barton's behaviour and lengthy history of violence left no option other than that of a custodial sentence.  The need for deterrence was emphasised.

C. E. Whelan, Esq., Crown Advocate.

Advocate D. S. Steenson for the Defendant.

JUDGMENT

commissioner:

1.        Russell John Barton you are aged 35.  You have been convicted of two offences of grave and serious assault.  Your record confirms that you are a violent man, particularly when in drink.  The Courts must do what they can to prevent violence in the streets late at night by imposing lengthy sentences in the hope of deterring others from behaving in this way.  We have to protect the public from violence.

2.        The injuries sustained by the victims in the present case were potentially serious and dangerous.  Your advocate, Mr Steenson, agrees that it was fortuitous that they were only minor.

3.        We have read the Social Enquiry Report.  Clearly this is not a case which could be met in any other way than by a custodial sentence.  We accept that the correct starting point for these offences is 4 years 6 months.  In doing so we have had regard to the number of previous cases set out in the Prosecution statement.

4.        We are unable to discern any element of mitigation.

5.        Accordingly the sentences which we impose on each Count are 4 years and 6 months' imprisonment, concurrent on each Count.

6.        You were subject to a Community Service Order at the time of these offences.  We discharge that order. 

7.        We hope that while in custody you will take steps to address your problem with alcohol and that you will accept any guidance offered to you.

No Authorities