Jersey Unreported Judgments

 2001/232

ROYAL COURT

(Samedi Division)

 

16^th November 2001

 

 

The Attorney General

-v-

Michael Richard Hahessy.

 

1 count of:

Grave and criminal assault.

 

Age:     38.

 

Plea: Guilty     

 

Details of Offence:

 

The Defendant committed an unprovoked assault on his common law partner of some 12 years, whilst she was in bed in the early hours of the morning.  He struck her on the head with a rolling pin and attacked her with a steak knife which had a serrated edge.  The wounds included a deep laceration to the victim's hand and there were also a number of less serious stab wounds.  The assault appeared to have been unpremeditated and the result of a loss of self control following the build up of tension throughout the course of the day.  The Defendant was under the influence of alcohol although not excessively so.  He had also taken cannabis.  The assault was witnesses by the victim's 15 year old daughter.

 

Details of Mitigation:

 

The Defendant had no prior convictions of relevance and did not seem to have a predisposition towards violence.  He had been in a supportive and caring relationship with the victim for 12 years.  Exceptionally, both the victim and her daughter wrote letters to the Court pleading for his release and confirming that the attack was completely out of character.  During police interview, the Defendant was at a loss to explain his actions and expressed remorse throughout.  He pleaded guilty at the earliest opportunity.  The Defence did not take exception to the length of sentence proposed by the Crown but contended that a sentence of imprisonment would cause the victim and her daughter more suffering.  The reports were not supportive of the making of a Probation Order.  The Defence sought the making of a Community Service Order in the exceptional circumstances of the case.

 

 

Conclusions:

Count 1:

2 years' imprisonment.    (4 year's starting point).

 

 

Sentence and Observations of Court:

 

The Court regarded the commission of the offence in the home and in the presence of the daughter as being aggravating features.  Nevertheless, whatever caused the Defendant to lose his self control, his actions were entirely out of character.  A sentence of 2 years' imprisonment would have been right and the Crown's conclusions were not to be criticised at all.  However, with some hesitation, the Court's conclusion was that community service would serve both to punish the Defendant and spare the victim further distress.  The Defendant was warned by the Court to abstain from alcohol and specifically told that re-offending would likely lead to a substantial sentence of imprisonment.   A Community Service Order of 240 hours was made.

 

A.D. Robinson, Crown Advocate.

Advocate S.E. Fitz for the accused.

 

 

 

JUDGMENT

 

THE BAILIFF:

1.        The accused has pleaded guilty to a grave and criminal assault upon his girlfriend, during the course of which he hit her on the head with a marble rolling pin and stabbed her on several occasions with a six inch kitchen knife, causing minor injuries to her body, but quite serious wounds to her arm and hand.  He subsequently ran out of the flat, dressed only in his underpants and was later arrested by the police. 

2.        The accused claims that the offence was committed whilst he was intoxicated, but the blood alcohol analysis suggests that while he had been drinking, he was not greatly intoxicated.  It is possible, however that the effect of alcohol was exacerbated by the cannabis, which he admitted that he had been smoking.  There is no doubt that the accused attacked the woman and caused the serious injuries which were inflicted.  The fact that the assault took place in a domestic context and, in part, in the presence of the victim's 15 year old daughter is an aggravating feature. 

3.        A number of reports have been placed before the Court which we have studied with care.  We draw from those reports the conclusion that Hahessy is fit to plead and knew what he was doing.  It seems to us that something, and it is not clear what, caused him to lose his self control and to act in this extremely violent way, which was, however, entirely out  of character in the context of his twelve years relationship with the victim.  We are not going to agonise as to precisely what he intended to do, so as to ascertain what offence he might have committed under the law of another jurisdiction. 

4.        Miss Fitz has asked us to take an unusual course because of what she describes as exceptional circumstances.  Those circumstances are that the victim and her daughter have forgiven the accused and have consistently pleaded with the different authorities for the exercise of mercy.  This is not, as we have said, a generally violent relationship.  This act of violence in a relatively long standing relationship was unprecedented.  Furthermore, given the very difficult circumstances in which Hahessy was, himself, brought up, one might have expected to find evidence of violent behaviour, but it is absent. 

5.        With some hesitation we have reached the decision that we can deal with the case in an unusual way.  We do not criticise the conclusions at all.  But for the unusual circumstances a sentence of 2 years' imprisonment would have been the appropriate penalty for this grave and criminal assault.  But, Hahessy has already served the equivalent of 6 months' imprisonment and we think that a sentence of community service will satisfy the need for punishment and, at the same time, avoid inflicting further stress on the relationship between the accused and his partner.  Hahessy, we think that if you keep away from alcohol the chances of your committing a similar offence in the future are low.  But if you do offend again I have to warn you, and I am sure you will understand, that a substantial sentence of imprisonment is almost certain to result.  Taking account of all the matters which have been placed before us by your counsel we are going to order that you perform 240 hours of community service.         

Authorities

AG-v-Le Feuvre (24^th April 1996) Jersey Unreported; [1996/79].

AG-v-Mallet (2000) JLR 155.

Mallet-v-AG (2000) JLR 256 CofA.