Jersey Unreported Judgments

Inferior Number Sentencing - grave and criminal assault.

[2015]JRC246

Royal Court

(Samedi)

27 November 2015

Before     :

J. A. Clyde-Smith, Esq., Commissioner and Jurats Fisher and Olsen

The Attorney General

-v-

Colin Noble

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

3 counts of:

Grave and criminal assault (Counts 2, 5 and 6).

Age:  46.

Plea: Guilty.

Details of Offence:

Over a period of 7 months in the context of a 16 month relationship, the defendant committed three grave and criminal assaults on his then partner. 

On 10^th August, 2014, the defendant and his then partner had argued, the defendant pulled her from the settee by her arm and she ended up on the wooden floor.  The defendant sat on top of her and proceeded to punch her, more than once, to her left arm with a closed fist.  He then punched her once to her left eye.  During the grave and criminal assault the defendant also bent back her middle finger on her right hand (Count 2). 

On 4^th March, 2015, following an argument, the defendant had thrown a duvet at his partner which caused her to fall to the floor.  The defendant, who was bare-footed, then kicked her two to three times to her legs (Count 5). 

Following the assault on 4^th March, 2015, she moved out of the home. 

On 17^th March, 2015, the victim returned to the house late one evening because she was concerned about the welfare of the dog that she and the defendant had.  She let herself into the property and woke the defendant, who was asleep in bed.  The defendant asked her to leave the property, when she ignored him the defendant pulled her up from the sofa, where she had been sat, by the lapels of her jacket and both the defendant and the victim fell to the floor.  Whilst the victim was on the floor the defendant stamped, once, on her left knee, with his bare foot.  The defendant then dragged her backwards by her arms, pulling her across the wooden floor towards the exit, whilst the defendant was pulling her through the door by her arms, she bumped her head on the door frame (Count 6). 

Details of Mitigation:

Guilty plea, good character, letter of remorse and genuine regret. 

Previous Convictions:

None.

Conclusions:

Count 2:	6 months' imprisonment.
Count 5:	8 months' imprisonment, consecutive.
Count 6:	10 months' imprisonment, consecutive.

Total: 2 years' imprisonment.

Exclusion Order sought excluding the defendant from 1^st, 4^th, 5^th and 7^th category licensed premises excluding the Multiplex Cinema, Jersey Airport, the Ferry Terminal at Elizabeth Harbour, for a period of 12 months from the date of release on licence.

Sentence and Observations of Court:

The Court took into account the time already served by the defendant whilst on remand, some 4 months, and imposed the following sentences:-

Count 2:	180 hours' Community Service Order, equivalent to 12 months' imprisonment, together with an 18 month Probation Order.
Count 5:	180 hours' Community Service Order, equivalent to 12 months' imprisonment, together with an 18 month Probation Order, concurrent.
Count 6:	180 hours' Community Service Order, equivalent to 12 months' imprisonment, together with an 18 month probation Order, concurrent.

Total: 180 hours' Community Service Order, together with an 18 month Probation Order. 

Exclusion Order made excluding the defendant from 1^st, 4^th, 5^th and 7^th category licensed premises excluding the Multiplex Cinema, Jersey Airport, the Ferry Terminal at Elizabeth Harbour, for a period of 12 months taking effect from today's date. 

E. L. Hollywood, Crown Advocate.

Advocate J. M. Grace for the Defendant.

JUDGMENT

THE commissisoner:

1.        The defendant stands to be sentenced for three counts of grave and criminal assault committed over a period of some 7 months upon his then partner within their home.  The defendant responded to issues within their relationship by excessive alcohol consumption and by reacting violently to his partner without any concern for her safety.  However no weapon was ever involved and the victim, who had herself been consuming alcohol, suffered bruising, although it is clear from her statement that this abuse has had a psychological effect upon her.  She eventually moved out to the Women's Refuge. 

2.        The defendant is assessed at a low risk of general reconviction but he would pose a risk of harm to future partners within any intimate relationship. 

3.        In terms of mitigation, we have listened to everything that his counsel has said to us.  He has pleaded guilty and is of good character.  He has written a letter or remorse to the victim accepting responsibility and expressing genuine regret.  He has, as Advocate Grace has pointed out, an exemplary work record and has the support of a network of friends, we understand some of whom are in Court, and he has offers of accommodation and of work should he be released. 

4.        Any form of domestic violence is to be deprecated but, as the authorities show, each case must be judged on its own merits and, in our view, these assaults are at the lower end of the scale.  On the particular facts of this case we conclude that, having already served the equivalent of nearly 4 month in prison, the defendant should repay his debt to society by serving a term of community service, together with a Probation Order on condition that he participates in the ADAPT programme which has been deemed to be suitable. 

5.        The Crown sought consecutive sentences following AG-v-Le Feuvre 1996/079 and we agree that, ordinarily, consecutive sentences would be appropriate in a case of this kind subject, of course, to the totality principle but, for the purposes of imposing a sentence of community service, we are going to impose concurrent sentences. 

6.        On each count you are sentenced to serve 180 hours' community service, which is equivalent to 12 months' imprisonment, concurrent, so you will serve a total of 180 hours, which is equivalent to a total of 12 months' imprisonment.  In arriving at that sentence we have taken into account the time you have already served.  You will also be placed on probation for 18 months on condition, in particular, that you participate in the ADAPT programme, you have already agreed to do that, and we do grant an Exclusion Order on the basis set out by the Crown which will allow you to carry on your trade within the hospitality industry. 

Authorities

AG-v-Le Feuvre 1996/079.

Harrison-v-AG [2004] JLR 111.

Le Feuvre-v-AG [1996] JLR N 9B.

Le Feuvre-v-AG 1996/115.

AG-v-Barwise [2009] JRC 182.

AG-v-Horn [2010] JRC 104.

AG-v-Nimmo [2012] JRC 145A.

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