Jersey Unreported Judgments

 2001/233

ROYAL COURT

(Samedi Division)

 

23^rd November 2001

 

 

The Attorney General

-v-

Maureen Kathleen Jamieson

 

 

1 count of:

grave and criminal assault.

 

 

Age:     44.       

 

Plea:    Guilty.  

 

Details of Offence:

The defendant was jointly indicted with Anthony Arthur Carrigan, who absconded prior to sentencing.  The victim was a former co-habitee of the defendant.  The defendant was at a nightclub with friends; the victim was also present having consumed in excess of 20 bottles of strong lager.  The victim allegedly called the defendant and her friends "a lot of wankers".  After closing time, the co-accused fought with the victim, who fell to the ground, whereupon the co-accused kicked the victim two or three times in the head.  The defendant kicked the victim twice in the groin.  The following day, the co-accused and the defendant telephoned the victim and told him he had "got what he deserved".  The victim decided to make a formal complaint.  There was no medical evidence of any injury caused by the defendant only by the co-accused.  The victim did not complain that he had been kicked in the groin.  The defendant wrote her own indictment, admitting in the question and answer interview what she had done.

 

Details of Mitigation:

Early guilty plea and had no previous convictions.  There was no other independent supporting evidence.  No provocation at law, but there was a history of domestic violence during co-habitation of the victim and the defendant.  References were handed up to the Court.  This incident was out of character and had been a momentary lapse.  The defendant had used the opportunity to take revenge for her own previous injuries and humiliation during her three year relationship with the complainant.

 

Previous Convictions:

None.

 

Conclusions:

Prosecution asked the Court to infer intention to cause serious harm by actus reus, committed by the defendant, who was an auxiliary nurse.   If so, starting point three years, less mitigation, 22 months.  If the Court did not find intent inferred, starting point two years, less mitigation, 12 months.

 

Sentence and Observations of Court:

2 year Probation Order.

 

 

Mrs. S. Sharpe, Crown Advocate.

Advocate C.R.G. Deacon for the Defendant.

 

 

 

JUDGMENT

 

 

THE COMMISSIONER:

The sentencing this morning only involves Miss Jamieson as her co-accused, Carrigan, has jumped bail and is probably no longer in the Island.

1.        The complainant was at one time a partner of Miss Jamieson.  On the night of the grave and criminal assault he had consumed over 20 bottles of 'Grolsch' beer.  The Court is pleased to note that the two town establishments, 'Chimes' public bar and 'Blarney's' nightclub, are under police investigation for allowing the complainant to carry on drinking when he was in such a heavily intoxicated condition.

2.        Miss Jamieson had made several complaints of assault against the complainant during their three year relationship, but none had been progressed.  We say this in order to establish that this assault was not made on a stranger and Miss Deacon has shown us a report from her General Practitioner that details her treatment at the hands of the complainant over this time.

3.        There was apparently a verbal exchange inside 'Blarney's' nightclub.  Both Miss Jamieson and Carrigan were also drunk.  When the group got outside the verbal insults continued.  A fight, perhaps almost inevitably, developed and when the complainant, during that fight, fell to the ground, Miss Jamieson kicked him twice between the legs which is why she is indicted this morning.  Carrigan kicked the complainant on the head and parts of his body several times.

4.        The next day, after the complainant had lodged a formal complaint about Carrigan to the police, there were abusive telephone calls by Miss Jamieson and Carrigan to the complainant.

5.        It is important, in this scenario, to note that Miss Jamieson was apparently wearing soft shoes and it was her statement alone that confirmed the assault by her.  No complaint was made of that part of the assault by the complainant.

6.        The medical report of Dr. Holmes, after examination of the victim makes no mention of any injury that might have been caused by a kick between the legs.  His report only deals with the severe bruising to the head mainly caused by kicks with a heavily shod foot by Carrigan.

7.        Miss Jamieson is 44 years old and this is her first offence of any kind.  Again, Miss Deacon has shown us a report which bears out that she is a dedicated medical carer for elderly people, spoken of highly by her employer.

8.        We have carefully considered the case of AG-v-Mallet (2000) JLR 155 which was approved by the Court of Appeal and the case of Le Monnier-v-AG (2000) JLR 396 CofA.  As was said in Mallet: "The circumstances surrounding a grave and criminal assault can vary considerably."  And in this case, in our view, they are exceptional.

9.        Stand up, please, Miss Jamieson.  We have carefully considered the fact that this was a grave and criminal assault and we have considered whether we should sentence you to a term of imprisonment.  We are not going to do that, but we cannot ignore assaults of this nature in the streets of St. Helier and therefore you are sentenced to two years' probation.

 

Authorities

AG-v-Mallet (2000) JLR 155.

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

Le Monnier-v-AG (2000) JLR 396 CofA.

AG-v-Knowles (26th June, 1998) Jersey Unreported; [1998/134].