Jersey Unreported Judgments

[2010]JRC131

ROYAL COURT

(Samedi Division)

16^th July 2010

Before     :

M. C. St. J. Birt, Esq., Bailiff, and Jurats Tibbo and Marett-Crosby.

The Attorney General

-v-

Aaron Andrew Young

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

1 count of:	Grave and criminal assault (Count 1).
1 count of:	Conduct likely to cause a breach of the peace (Count 2).

Age:  18.

Plea: Guilty.

Details of Offence:

On Saturday 27^th march, 2010, the victim and five other French nationals arrived in Jersey for a stag weekend.  The group made its way to the Hotel de France and checked in for a one night stay. 

After having a meal and visiting two bars, three of the group decided to return to the hotel.  The victim and his two friends decided to stay longer and visited another bar before returning to the hotel.  The group of 3 became lost in Pitt Street and searched for directions.  At this time a young female walked past wearing a short skirt and heels and was accompanied by a male friend with Young and a female companion behind them.  The victim spoke to his friend and said in French words to the effect of "Can you imagine our daughters like that?"  Thereafter the victim was assaulted by Young. 

There was a contrast of events between the Prosecution and Defence as to how the assault took place, and the Court was provided with two versions of events.  The defence suggested that there was an argument between the victim and Young, and a scuffle ensued before Young head butted the victim.  The prosecution suggested that the head butt was entirely unprovoked. 

After the head butt, which caused the victim's nose to bleed, Young walked down Pitt Street towards Dumaresq Street.  The victim approached Young and tried to detain him by putting him in a headlock but Young escaped.  The victim then attempted to get hold of the girl's handbag for identification but this was not successful.  Having realised the dangerous situation they were in, the three French males made their way towards King Street.  Young ran up to the victim and punched him on the right side of his jaw, causing the skin along the jaw to split and require three stitches.  The three French males carried on in retreat and met three English males, who were asked for the number for the Jersey Police.  Young was in King Street and behaving very aggressively, shouting and swearing towards the six males.  One of the English males attempted to talk to Young and Young swung an arm towards his body but no contact was made.  Once at the cider press the victim stopped a police vehicle and in broken English explained what had happened and pointed out Young as his attacker. 

At 23:50 hours Young was arrested and conveyed to Rouge Bouillon Police Station. 

Details of Mitigation:

Guilty pleas, offences committed as a result of a loss of temper rather than in cold blood, benefit of his youth. 

Previous Convictions:

Young has 6 convictions for 15 offences which include common assault and an assault on a police officer.  Young has committed a number of offences against the police and has committed 2 offences of being drunk and disorderly. 

Conclusions:

Count 1:	9 months' youth detention.
Count 2:	1 month's youth detention, concurrent.

Breach of Probation

Count 1:	1 week's' youth detention.
Count 2:	3 months' youth detention, concurrent but consecutive to Count 1 on the current Indictment.

Total:  12 months' youth detention. 

Sentence and Observations of Court:

Count 1:	9 months' youth detention.
Count 2:	1 month's youth detention, concurrent.

Breach of Probation

Count 1:	1 month's youth detention.
Count 2:	1 month's youth detention, concurrent.

Total:  10 months' youth detention. 

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

Advocate P. S. Landick for the Defendant.

JUDGMENT

THE BAILIFF:

1.        After drinking a considerable amount of alcohol you head butted a 48 year old Frenchman visitor to the Island during an altercation.  Subsequently, after you and the victim had separated, you ran up to him and punched him on the right side of his jaw and you continued after that to behave in an aggressive manner, shouting and swearing at the victim and other people.  The victim suffered lacerations to his nose and to his jaw which required stitches. 

2.        It is quite clear you have a problem when you have consumed alcohol.  You have got a considerable record for somebody who is so young and these include assaults and assaulting a police officer as well as numerous public order offences.  In fact you were put on probation as recently as January of this year for assaulting a police officer and you are, of course, in breach of that Probation Order by committing these offences. 

3.        In mitigation we do take into account your age, you are only 18 and the fact that you have pleaded guilty; we have read carefully the reports, the references and letters which we have been supplied with, and we are particularly pleased to note that through the work scheme, you have been working at the JEC and they are clearly pleased with you, and you have made good progress and we are delighted to see that you do want to work and hope to find work in the future. 

4.        We have considered very carefully whether, in the light of the progress you have made recently, we can accede to your counsel's request that we proceed by a non-custodial sentence and of course we bear in mind Article 4 of the 1994 law.  But we have come to the conclusion that you have shown that you are unable or are unwilling to respond to non-custodial sentences because of the breaches of previous Probation Orders and Binding Over Orders and also because of your record, the offending is too serious to be dealt with by way of a non-custodial sentence.  So we have come to the conclusion there is no alternative but to a sentence of youth detention for an offence of this nature because the Court has repeatedly said that drink-fuelled violence in St Helier is too prevalent and will be punished. 

5.        On Count 1; the sentence is one of 9 months' youth detention, on Count 2; 1 month's youth detention, concurrent.  In relation to the breach of probation we are going to reduce the sentence to reflect the progress you have made and to try and give you some form of encouragement so on that, there was nothing wrong with the conclusions, but we are going to reduce them simply to encourage you.  I month's youth detention and 1 month concurrent, making therefore a total of 10 months' youth detention and I must warn you that you may be liable to supervision when you come out.  What we do hope is that you will take advantage of what is available in the Youth Detention Centre, there are courses now on anger management and to help with alcohol and you can take advantage of those so that when you come out we hope you will be able to find employment and progress and not return to what has happened on this occasion.  That is the sentence of the Court. 

Authorities

Criminal Justice (Young Offender)(Jersey) Law 1994. 

Harrison-v-AG [2004] JLR 111.

AG-v-Willoughby [2009] JRC 183.