Jersey Unreported Judgments

Inferior Number Sentencing - grave and criminal assault - malicious damage.

[2014]JRC012A

Royal Court

(Samedi)

16 January 2014

Before     :

W. J. Bailhache, Q.C., Deputy Bailiff, and Jurats Marett-Crosby and Milner.

The Attorney General

-v-

Z

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:	Malicious damage (Count 2).

Age:  16.

Plea: Guilty.

Details of Offence:

Z lived at home with his mother, who was the victim in both offences.  On 15^th November, 2013, Z returned home at about 9pm.  He was upset and angry and told his mother that he wanted money to buy cannabis.  She refused.  He took a knife from a drawer and held it to his mother's back as she stood in the kitchen.  He repeatedly demanded that she give him money.  His mother turned to face her son, and he took hold of her by the neck, pushing her head upwards and holding the knife to her chest.  Z's mother described him as being "in a frenzied world".  She was concerned he may harm himself as well as her. 

Out of exasperation rather than fear, Z's mother subsequently walked with Z to the nearby cash point and withdrew £20, which she gave to him.  On returning home Z made a number of calls, including one to a cannabis dealer.  He then became very distressed, and threw the £20 back at his mother and said: "what kind of person am I to hold a knife to you and threaten to kill you.  I should kill myself."  He hid under his duvet and became distressed, saying: "my life is not worth living.  My life is shit, nothing is working for me.  I've had enough."  Z then attempted to reach the paracetemol to take an overdose, but his mother prevented him from doing so.  However, he succeeded in inhaling deodorant fumes. 

Z then went to his room where he damaged a door and chair.  He then kicked a number of holes in the wall before leaving the house.  Z's mother had retreated outside, from where she called the police. 

Z was immediately cooperative and remorseful in interview. 

Details of Mitigation:

Guilty plea and cooperation, extreme youth.  Detailed background reports identified various mitigating features including diagnoses of Asperger's syndrome and ADHD.  Difficult relationship with father who lived abroad, had recently returned from an upsetting visit to him.  Improvements made whilst on remand in young offender's institution. 

The Court invited Z's mother to speak (she had also submitted a letter).  She supported a non-custodial disposal and reiterated her on-going support for her son. 

Previous Convictions:

Motoring and larceny.

Conclusions:

Having considered the provisions of Criminal Justice (Young Offenders)(Jersey) Law 1994, the Crown submitted, with some hesitation, that the case was not so serious that it could not be dealt with by a non-custodial sentence.  Exceptionally the Crown moved for a Probation Order without community service as it considered the best chance of reducing Z's risk of reconviction is to follow the recommendations of the Social Enquiry Report.  Community service may distract from this goal. 

Count 1:	12 month Probation Order.
Count 2:	12 month Probation Order, concurrent.

Total: 12 month Probation Order.

Sentence and Observations of Court:

Holding a knife to someone would normally mean a long prison sentence.  The Court would increase the length of the probation order to ensure support after proposed treatment is completed.

Count 1:	2 year Probation Order.
Count 2:	2 year Probation Order, concurrent.

Total: 2 year Probation Order.

Specific conditions imposed as per judgment.

Ms E. L. Hollywood, Crown Advocate.

Advocate P. S. Landick for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        You are here to be sentenced on an Indictment which contain two counts, a grave and criminal assault on your mother and also malicious damage, causing damage of unknown value to a wall and chair at home, and we have seen photographs of it. 

2.        Holding a knife to someone's chest, taking them by the throat, threatening to kill them, demanding money and wilfully causing extensive damage would normally be treated as extremely serious criminal offences and call for a long period in custody, whether that is prison or youth detention, and you should be in no doubt about that.  This was an extremely dangerous thing to do. 

3.        We have taken into account everything which has been set out in the papers which are before us and noted all the things which are in your favour.  In particular we are required to have regard to the law which tells us to treat people of your age differently from people who are adult.  That is to say that we should not pass a sentence of youth detention unless really there is nothing else to be done. 

4.        We have had to consider carefully whether there are options in this case and we have decided that there are and we are therefore going to place you on probation.  The Probation Order will be for 2 years and not for 12 months as was suggested, and part of the reason for that is to ensure that you realise that if you break the law or if you do not do as you are directed by the probation officer for the next 2 years, you can be brought back to Court and you can be sentenced again for these offences which you have committed.  If that happens, the Court is bound to be looking closely at whether it should then impose a custodial sentence on you and put you in youth detention because I continue to emphasise these are very serious offences.  We have read that you realise that and we have read that you are extremely sorry about it; and you are right to be sorry about it because you should not treat people like this. 

5.        We are going to add some extra conditions to the Probation Order.  The first is that you must abide by any curfew which the probation officer might impose from time to time.  That is for two reasons. It is partly for your benefit and it is also partly, if necessary, as a punishment for the offence you have committed, and it means that if that curfew is imposed and you break it then you can be brought in Court again for breach of the Probation Order so it is a serious thing which is being imposed upon you.  The second thing we are going to add is a specific condition that you abstain from all illegal and non-prescribed cannabinoids which will be confirmed by random and routine drug tests.  Now, again, that is being imposed for your own good.  We see in this Court the damage that is done to young people by lapsing into drug use.  You are just on the edge of it, you have been from everything that we have seen.  It led you to this activity and the offences which have been committed so you have got to stop and stop now.  And that is the reason for that condition being imposed, to help you to recognise that you must stop now.  The third condition that is important, and there are a number of conditions but I just want to mention this to you, is that you have to attend any courses or programs as may be determined by the probation officer.  We have in mind that the probation officer will be liaising closely with the Children's Service and with CAMHS and there are recommendations in the probation report but there may be other courses or programs, some of which are mentioned in Dr Lam's report, which require you to take action to attend for various discussions, to work, in some cases, with your mother, and again you must do this.  There is no question of choice.  You must do it because if you do not you are liable to be brought back to this Court and sentenced again. 

6.        You have some problems which are absolutely capable of being managed.  In managing them you will get support from the probation officer, from your mother and from others who you see.  All of those people know that you are an important person.  You have got to learn that as well because once you learn that you are important then it matters what you do and this does matter.  It matters for your future life and it is a partnership between you and those around you who are giving you support to make sure you behave.  Then when you are grown up you have a life which allows you to be free and not a life which is spent in custody.  You are at the beginning of that journey and you can choose which way you are going to go because ultimately nobody else but you will be able to make that choice.  It needs your contribution. 

7.        We hope very much that the apprenticeship which we have heard about comes to pass.  That sounds excellent if it can be arranged and all credit due to the prison officer, as we understand it, who has been instrumental in having those discussions.  The last thing we wish to add is this.  We have been very impressed with your mother's letter and her presentation in Court and also by the fact that she has taken the courageous step of reporting you to the police in the first place.  This is not easy for a parent and it shows her support for you.  It was the right thing to do and you should value that. 

Authorities

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

Harrison v AG [2004] JLR 111.

AG v Horn [2010] JRC 104.

AG v Elliott [2013] JRC 122.