Jersey Unreported Judgments

[2010]JRC059

ROYAL COURT

(Samedi Division)

19^th March 2010

Before     :

Sir Philip Bailhache, Kt., Commissioner and Jurats de Veulle, Clapham, Le Cornu, Morgan, Liddiard and Nicolle.

The Attorney General

-v-

William Charles Dubois

Sentencing by the Superior Number of the Royal Court, after conviction at Assize trial on 24^th February, 2010 on a charge of:

1 count of:

Grave and criminal assault (Count 1).

Age:  38.

Plea: Not Guilty.

Details of Offence:

Sixty year old man complaining about the noise in a nearby flat.  Dubois punches victim to the ground where he lies motionless.  Dubois punches and kicks victim several times in the head.  Dubois drunk.  Members of the public witnessed the attack. 

Details of Mitigation:

Dubois wrote letter to the Court regarding his history and his residing at Haut de la Garenne.  Victim was carrying a knife.  Dubois has problems with alcohol. 

Previous Convictions:

Numerous over long period, though none for grave and criminal assault.  Mainly motoring offences and disorderly behaviour. 

Conclusions:

Count 1:

Starting point 6 years.  4½ years' imprisonment.

Sentence and Observations of Court:

But for Dubois' personal circumstances the Court would have increased the sentence moved for by the Crown. 

Conclusions granted.

N. M. Santos-Costa, Esq., Crown Advocate.

Advocate I. C. Jones for the Defendant.

JUDGMENT

THE commissioner:

1.        Dubois was convicted by the unanimous verdict of a Jury of a vicious grave and criminal assault involving the kicking of a man's head while he was unconscious on the ground.  Witnesses spoke of up to ten kicks being delivered to the victim's head.  It is only by the greatest good fortune that the victim suffered only flesh wounds and was not killed or seriously injured.

2.        The Court will assume, for sentencing purposes, that the punch which knocked the victim unconscious to the ground was justified on the basis that the victim was waving a small kitchen knife in the air in his agitated state.  He was agitated because of the intolerable noise and disturbance which had come from the flat which the defendant was visiting.  Dubois is being punished therefore, for the punches and kicks delivered with extreme violence to an unconscious man lying helpless on the ground. 

3.        We have taken into consideration all the factors set out in the case of Harrison-v-AG [2004] JLR 111 which the Crown Advocate has drawn to our attention.  We do not feel however that the adoption of a starting point would be useful.

4.        The Court has read carefully Dubois' letter and the other letters and papers which have been placed before us.  We have great sympathy for the appalling background which has been described very eloquently in Dubois' letter.  Nevertheless, Dubois was convicted of a crime which could have led to much more grievous consequences for the victim than actually occurred and which did cause great shock and distress to a number of neighbours who witnessed the violent attack.  Dubois contested the trial and is not entitled to mitigation for a guilty plea.  It is only the background set out in the letter which he has written which has persuaded us not to increase the conclusions of the Crown Advocate.  In all the circumstances we consider that the conclusions are correct.

5.        Dubois, we are accordingly sentencing you to 4½ years' imprisonment. 

Authorities

Harrison-v-AG [2004] JLR 111.

AG-v-RP and Others [2009] JRC 241.

AG-v-Livingstone [2010] JRC 028.

AG-v-De Carteret [2009] JRC 242.