Jersey Unreported Judgments

Inferior Number Sentencing - assault.

[2016]JRC160

Royal Court

(Samedi)

9 September 2016

Before     :

T. J. Le Cocq, Esq., Deputy Bailiff, and Jurats Blampied and Ramsden

The Attorney General

-v-

Nicholas Emile Carpenter

Orrin Charles Hughes

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

Nicholas Emile Carpenter

1 count of:

Common assault (Count 1).

Age:  22.

Plea: Guilty.

Details of Offence:

On 6^th December, 2016, the victim had decided to take a taxi home and had flagged a taxi down outside the Pomme d'Or Hotel.  A group of four men approached the taxi and asked to share the taxi.  This group comprised of Carpenter, Hughes, Samuel Crabtree and Brett Coombs-Goodfellow (Crabtree was involved in the assault but is not before the Court as he is believed to have left the Island to live in the United Kingdom).  The victim agreed to share the taxi and it was agreed that he would be dropped off at his destination (First Tower) first before the other men were taken on to Hotel De France. 

The taxi was redirected by the four men and as the taxi approached Millennium Park and argument broke out between Carpenter and the victim.  A scuffle ensued and during the scuffle Carpenter punched the victim once to the right hand side of the victim's face.  Hughes pushed the victim twice in an aggressive manner.  Hughes also stated that Samuel Crabtree punched the victim several times. 

The taxi driver stopped the vehicle and removed the group of four men from the taxi, he then drove the victim to the Police Station and then on to the hospital. 

Attempts were made by the Police to identify the four men on the night in question but these were not successful.   Images of the four men were captured from CCTV and placed on the 'Caught on Camera' section of the States of Jersey Police Facebook page.  Coombs-Goodfellow saw the images and attended at Police Headquarters on 6^th January, 2016.  He identified himself and the other three as being present in the taxi concerned. 

Details of Mitigation:

Guilty plea, remorse. 

Previous Convictions:

One previous conviction for being concerned in the importation of a Class B drug in 2014. 

Conclusions:

Count 1:

90 hours' Community Service Order, equivalent to 3 months' imprisonment.

Sentence and Observations of Court:

Count 1:

£700 fine to be paid within 7 weeks or 7 week's imprisonment in default.

Orrin Charles Hughes

1 count of:

Common assault (Count 1).

Age:  22.

Plea: Guilty.

Details of Offence:

See Carpenter above. 

Details of Mitigation:

Guilty plea, remorse. 

Previous Convictions:

One previous conviction for refusing to obey the lawful orders of a police officer in 2014. 

Conclusions:

Count 1:

90 hours' Community Service Order, equivalent to 3 months' imprisonment.

Sentence and Observations of Court:

Count 1:

A 12 month Binding Over Order.

R. C. P. Pedley, Esq., Crown Advocate.

Advocate C. Hall for Carpenter.

Advocate L. J. Glynn for Hughes.

JUDGMENT

THE DEPUTY BAILIFF:

1.        You are each to be sentenced for one count of common assault.  The details are straightforward and we do not need to repeat them save to say that you, together with others, asked the victim to share his taxi which he agreed to do.  You changed the basis on which the journey was agreed and when the victim protested he was punched and was pushed.  The lack of an agreed factual position is unsatisfactory and we do not have clarity as to what it is accepted happened on that evening and accordingly we sentence on the basis of the facts as put to us by the Defence. 

2.        We also consider the absence of the other participant, Crabtree, as presenting us with a difficulty, because it is difficult for us to assess the relative culpability of those involved and whether in fact it should be treated as a joint exercise or culpability otherwise apportioned.  However, what is clear is that in this assault you both contributed to what must have been a frightening attack.  We do not think provocation features in this matter but we do note the additional element that Crabtree after being removed from the car went around the car, opened the door and continued the assault. 

3.        You both have the benefit of guilty pleas, and you are both described as presenting a low risk of reoffending. 

4.        Carpenter, you do not have a clean record but it is far from the worst that we have seen, and you have no previous convictions for assault.  We take the mitigating factors as advanced by your Counsel and we have read carefully the letters that have been presented to us that speak highly of you, and we accept that this was out of character and that your remorse appears to us to be genuine.  You however, delivered one punch and we note that your sport is boxing, that is abundantly clear from the references we have read and from the contents of the Social Enquiry Report, and you punched the victim in the head. 

5.        Hughes, you to do not have a good record but again it is far from being the worst and again we do not note any record for an assault.  The mitigating factors are as advanced by your Counsel and we are not blind to the fact that the offending has had an effect on you which has been profound in terms of your career.  You are to be sentenced on the basis that you pushed the victim forcibly. 

6.        In the circumstances, we think taking all the mitigation into account and the facts as we feel constrained to base our sentence upon, the conclusions moved for by the Crown are too high and we do not think that the custody threshold is met on the basis of the facts as we understand them.  Accordingly, Carpenter, you are fined £700 for this assault with 7 weeks to pay, and Hughes you are bound over for 12 months.  There needs to be a default for payment so 7 weeks imprisonment default in the event of non-payment of the fine. 

Authorities

AG-v-Ewens and Others [2015] JRC 127.

AG-v-Glowienkowski and Kujawski [2015] JRC 056.

Whelan on Aspects of Sentencing in the Superior Court of Jersey.

Criminal Justice (Compensation Orders) Jersey Law 1994.

Costs in Criminal Cases (Jersey) Law 1961.

Magistrate's Court Guidelines - Assault.