Jersey Unreported Judgments

Inferior Number Sentencing - grave and criminal assault.

[2012]JRC078A

Royal Court

(Samedi)

13 April 2012

Before     :

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

The Attorney General

-v-

Nigel Keith Robinson

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

2 counts of:

Grave and criminal assault (Counts 1 and 2).

Age:  49.

Plea: Guilty.

Details of Offence:

Count 1: The defendant was in a relationship with the victim; they had co-habited for eleven months at her home.  Five months prior to the offence the defendant had committed an assault on the victim by slapping her.  On the day of the assaults the defendant was told that whilst he was in police custody for the offence the victim had been unfaithful.  This allegation was false but it was the catalyst for what was to follow. 

The defendant, upset over the allegation, went drinking in a public house.  Later that afternoon the victim approached the defendant and asked for the keys to the flat, whereupon he headbutted her once in the face, causing two black eyes.  The victim left and went home and the defendant remained in the bar drinking. 

Count 2: Later that evening the defendant returned home.  On his own admission he had by then drunk two bottles of spirits.  The victim opened the door to him and was immediately subjected to verbal abuse regarding the false allegation that she had been unfaithful.  The victim went into the bedroom and was followed by the defendant who slapped her in the face at least three times.  The victim lay on the bed and, hoping to get the assault to stop, pretended to be unconscious.  The defendant then hit her repeatedly on her back with the palms of both hands, at least six times. 

When the defendant had stopped hitting her, the victim made her way downstairs.  The defendant followed her and picked up a kitchen knife from a knife block.  He threatened her from a distance of 4-5 feet away saying "I'm going to kill you, you bitch".  The defendant then held the knife to his own throat and said "Go on you stab me then".  The defendant then calmed down. 

This matter was not reported to the police until six days later.

During these assaults the victim sustained numerous bruises to her back and shoulders and extensive bruising and swelling to her face. 

Details of Mitigation:

Early guilty plea; cooperation with the police; letter of remorse and references handed to the Court.

Aggravating factors: The defendant was drunk at the time of committing the assaults.  Previous conviction for assault on the victim.  Second assault was sustained and in the victim's home.  No provocation or defence offered by the victim. 

Previous Convictions:

Drink driving (historic).  Recent conviction for assault on the victim. 

Conclusions:

The Crown had regard for all of the facts and mitigation before the Court and moved for:-

Count 1:	12 months' imprisonment.
Count 2:	18 months' imprisonment, concurrent.

Total: 18 months' imprisonment.

Exclusion Order sought for a period of 12 months from all licensed premises save for shops selling food, the Multiplex cinema, the Jersey Arts Centre, Jersey Airport, Elizabeth Terminal and the Opera House.

Sentence and Observations of Court:

The victim had been assaulted twice within the same evening, firstly with a headbutt, and then later with slaps and palm strikes, and then threatened with a knife.  This was not the first time that the defendant had assaulted the victim.  The Court had regard for the early guilty plea; the defendant's remorse; the fact that some of the victim's injuries may have been caused during an earlier fall; the content of the background reports; the defendant's references, good work record and job offer.  Whilst the Court accepted that the threat with a knife had been from 4-5 feet away, knife crime is very serious and those who use knives ought to go to prison.  A woman should be safe in her own home. 

Conclusions granted.

C. M. M. Yates, Esq., Crown Advocate.

Advocate L. V. Marks for the Defendant.

JUDGMENT

THe BAILIFF:

1.        You assaulted your partner twice in one evening because you had been told, quite wrongly, that she had slept with somebody whilst you had been in custody in July of last year.  First you headbutted her in the Shipwright pub; then at home you slapped her about the face at least three times; you hit her in the back with the palm of your hands at least six times, and finally, you threatened her with a kitchen knife.  We accept that you never got closer to her than about four or five feet, as you say, but it must, nevertheless, have been extremely frightening for her to face you, under the influence of drink, threatening her with a knife.  Furthermore it is not the first such offence, because you have a conviction for a common assault on her back in August of last year for which you were fined. 

2.        Advocate Marks has spoken very persuasively on your behalf and she has said everything that could be possibly be said.  She has emphasised that you immediately pleaded guilty at the earliest opportunity; that you are extremely remorseful and that some of the injuries that she suffered may well have been caused when she fell down drunk a couple of days earlier.  She has referred us to the many references which have shown that you are making a determined effort to conquer your drink problem.  This is also supported by the background report which shows the efforts you have been making in prison whilst on remand.  You have a good work record and a job is now open to you, and indeed, the Probation Service has recommended a treatment order. 

3.        We have considered all this very carefully, but we come back to the fact that knife crime is a very serious offence and the Court has said repeatedly that those who use knives in assaults will almost invariably have to go to prison.  Now, we accept that yours was towards the bottom end of the scale in that you threatened with the knife when you were not very close to her, but it is still very serious and would still be extremely frightening to anyone on the receiving end.  Furthermore, this is your second offence for assaulting her, and a woman is entitled to feel secure in her own home.

4.        In all those circumstances, although we have carefully considered it, we cannot agree with the suggestion of a non-custodial sentence.  Furthermore, we think that in view of the fact that a knife was used, the conclusions are correct.  We commend you for the efforts that you have made in prison and we hope very much that during the remainder of your sentence you will continue that progress because then, when you come out, you really will be in a position to start afresh and move forward with your life, which we very much hope you will succeed in doing. 

5.        In all the circumstances we feel we have no alternative but to impose the sentence moved for so on Count 1; 12 months' imprisonment, on Count 2; 18 months' imprisonment, concurrent, making a total of 18 months' imprisonment.

6.        We make the Exclusion Order in the terms requested by the Crown for a period of 12 months following your release.  That is intended to help you again, so that you are not tempted to go into pubs and drink too much. 

Authorities

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

Harrison-v-AG [2004] JCA 046.

AG-v-Barwise [2009] JRC 182.

AG-v-Horn [2010] JRC 104.