Jersey Unreported Judgments

Inferior Number Sentencing - assault - grave and criminal assault.

[2017]JRC143

Royal Court

(Samedi)

8 September 2017

Before     :

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

The Attorney General

-v-

Joshua James Crabtree

Sentencing by the Inferior Number of the Royal Court, following guilty pleas to the following charges:

1 count of:	Assault (Count 1).
1 count of:	Grave and criminal assault (Count 2).

Age:  24. 

Plea: Guilty. 

Details of Offence:

Count 1

On 28^th January, 2017, the defendant was on a night out with his then girlfriend, the victim, who was then aged 20, and a friend.  The defendant and the victim had been in a relationship since August 2016 and shortly afterwards began co-habiting at the defendant's flat ("the flat") which was at Spectrum on Gloucester Road.  The group went for dinner at Pizza Express and shared a bottle of wine between them, following which they made their way to the Royal Yacht where they continued drinking.  At some point during the night and leading into the early hours of the morning on 29^th January, 2017, an argument ensued, during which the defendant called the victim a "slag" and ended their relationship.  As the victim walked away from the defendant he grabbed her arm.  The victim states that the grab was "hard" and describes the defendant twisting her skin as he did it, causing pain and, subsequently, bruising.

Count 2

The defendant and victim continued to see each other during the week commencing 31^st January, 2017, but the victim had started to move her belongings out of the flat.  On the morning of Friday 3^rd February, 2017, the defendant and victim were together in the flat.  The defendant was angry and aggressive, repeatedly calling the victim a "slag".  Despite this, he asked the victim to drive him to various shops in her car in order that he could do some shopping.  She obliged, and whilst driving along Queen's Road the victim missed a turning which the Defendant had wanted her to take, and he became angry.  The victim continued to drive and parked the car on Gloucester Street near Aaron's Bike Shop and close to the defendant's flat.  By this time it was approximately 4pm. 

Whilst sat in the parked vehicle the defendant removed the keys from the ignition.  The victim asked for the keys back but the defendant refused to give them back.  The defendant held the keys in his left hand with his left arm outstretched away from the victim to keep the keys out of her reach.  The victim leaned across the defendant to attempt to take the keys back.  The defendant alleges that the victim then bit him briefly to the top of his left arm.  The defendant reacted to this by striking the victim to the face with the back of his hand, the victim describes the blow as "hard" and "powerful".  The defendant also bit the victim's upper right arm causing her to scream out in pain.  The victim at the time was wearing a thick jumper as well as a thick parka jacket.

The defendant then got out of the car, left the car keys behind, but took the victim's bag.  He went to the flat and called the victim telling her to come up to sort things out.  The victim refused to go up to his flat because she was scared what he would do.  The defendant left her bag in his flat and left the flat.

Details of Mitigation:

Guilty plea, remorse. 

Previous Convictions:

The defendant has 13 previous convictions for 43 offences, including five grave and criminal assaults, eight common assaults and one robbery between 2007 and 2014.  The victims of the grave and criminal assault and one of the common assaults in 2014 were both female.

Conclusions:

Count 1:	3 months' imprisonment.
Count 2:	18 months' imprisonment, concurrent.

Total: 18 months' imprisonment.

Discharge of Magistrate's Court Probation Order and Community Service Order sought and no separate penalty imposed. 

Restraining Order sought pursuant to Article 5 of the Crime (Disorderly Conduct and Harassment)(Jersey) Law 2008 to commence from date of sentence for a period of 5 years in the following terms:

i)              The defendant is prohibited from having any contact, direct or indirect, with the victim.

ii)             The defendant is prohibited from approaching or following the victim.

iii)            The defendant is prohibited from loitering within 50 metres of any premises known to him to be the home address of the victim.

iv)            The defendant is prohibited from entering any part of the premises known to him to be the work address of the victim or loitering within 50 metres thereof.

v)             Should the defendant see or come into contact with the victim in any public or private place he must take immediate action to avoid any breach of this Order.

Costs order in the sum of £250 sought. 

Sentence and Observations of Court:

Conclusions granted.

No Costs order made.

The Solicitor General appeared for the Crown.

Advocate J. W. R. Bell for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        The two counts for which you are to be sentenced, common assault and grave and criminal assault, are instances of domestic violence of increasing severity and seriousness over a short period.  As the Crown has set out, the first was a grab on the arm during an argument.  It was painful and caused bruising, but had that been the only incident you would not be before this Court and undoubtedly would have been dealt with by the Magistrates Court.  However, a few days later you committed a more serious assault when you, in the car, struck the victim forcibly on the face, and bit her on the right arm which, even through thick clothing, caused her to scream out in pain and cause significant bruising. 

2.        There was, of course, a wider relationship context to these offences but there can be no excuse for behaviour like that and, even though the victim may have bitten you on the arm, you could have left the car.  We have seen the photographs of the injuries caused to the victim and read her victim impact statement.  There was no element here of self-defence or a proper response to provocation and you were, of course, keeping the victim from her car keys. 

3.        You have a lengthy criminal record including offences of violence, some against women, and we note the most recent of those was in 2014, and we note the facts of that offending.  You have failed to respond adequately to alternatives to prison in the past and your counsel and you have taken a realistic view that that is not really an option any longer open to us. 

4.        We note the mitigation available to you including your guilty pleas and we have read the letters both from you and members of your family and clearly they continue to support you and see the best in you.  We would like to take your remorse as genuine and we do accept that you have had a measure of remorse. 

5.        The Court always views cases of domestic violence as serious, in part because the victim is often in a uniquely vulnerable position where the aggressor is concerned, and psychological scarring is often deeper. 

6.        You have not opposed a restraining order and I think that you were wise not to do so.  Accordingly, we make the restraining order as moved for by the Crown under the Crime (Disorderly Conduct and Harassment)(Jersey) Law 2008 you are prohibited from:-

(i)        having any contact, direct or indirect, with the victim;

(ii)       you are prohibited from approaching or following her;

(iii)      you are prohibited from loitering within 50 metres of any premises known to you to be the home address of her;

(iv)      you are prohibited from entering any part of the premises known to you to be the work address of her or loitering within 50 metres or that address; and

(v)       should you see or come into contact with her in any public or private place you must take immediate action to avoid any breach of this order.

This order is made for a period of 5 years from today and any breach of the order shall be an offence for which you will be liable to imprisonment for up to 2 years and to a fine.

7.        We come now to the matter of sentence.  Your Advocate has said all that could possibly be said on your behalf.  The Court took a very serious view and was considering whether the Crown had not been slightly lenient in their conclusions.  We are however persuaded that we should stay with the Crown's conclusions and accordingly you are sentenced with regard to Count 1; 3 months' imprisonment, Count 2; 18 months' imprisonment, concurrent, making a total of 18 months' imprisonment. 

8.        We discharge the orders of the Magistrate's Court Probation and Community Service and impose no further penalty in that regard. 

9.        In this case we see no proper basis for making a costs order and we do not make it. 

Authorities

Crime (Disorderly Conduct and Harassment)(Jersey) Law 2008. 

Harrison-v- AG [2004] JLR 111. 

AG-v-Horn [2010] JRC 104. 

AG-v-Crabtree [2014] JRC 165A. 

Whelan on Aspects of Sentencing.