Jersey Unreported Judgments

Inferior Number Sentencing - Grave and criminal assault.

[2017]JRC016

Royal Court

(Samedi)

20 January 2017

Before     :

W. J. Bailhache, Esq., Bailiff, and Jurats Nicolle and Thomas

The Attorney General

-v-

Witold Krolikowski

Sentencing by the Inferior Number of the Royal Court, following a guilty plea to the following charge:

1 count of:

Grave and criminal assault (Count 1).

Age:  33.

Plea: Guilty.

Details of Offence:

The defendant and the victim have been married since 2007.  At about 11pm on Sunday 28^th August, 2016, the victim returned home to find that the defendant had locked her out of the flat as she had missed the "curfew" he had imposed.  She banged on the door, and he eventually opened it, pulling her inside, shaking her, and shouting at her.  He released her, but continued to shout at her.  He then took hold of her once more and shook her, causing her to hit against the wall.  He was angry that he could not find her mobile telephone, which he had taken from her the previous day. 

The victim went to bed, and the defendant then picked up a bread knife that was next to the bed and ordered the victim to look for the telephone.  He put the knife underneath her chin and held it there for a few seconds.  The victim found the telephone under the bed and the defendant had calmed down a little and had put the knife down.  The victim removed the knife from the bedroom, putting it back in the kitchen.  She returned to bed and settled down ready to sleep.  However the defendant again became angry, this time because she was ignoring him and not talking to him.  He again started to shout at her and call her names and then put his hands on her neck and strangled her.  The victim tried to push him away and to defend herself.  The defendant restrained her legs with his and continued to strangle her.  In order to escape, the victim bit the defendant's hand.  They grappled, and the defendant grabbed her wrists.  She managed to break free and ran outside to call the police. 

The victim sustained multiple small injuries, the most significant being areas of redness the neck and multiple small bruises and scratches to the shoulders. 

In interview the defendant admitted locking the victim out of the flat and said whilst she was out he had self-harmed by cutting his wrists in the hope that the victim would give him attention.  He admitted that he was very angry and that he had put his hands around her throat, but denied using the knife against her.  He said that he had drunk 16 cans of Special Brew during the day and evening of the incident.  He admitted that he is an alcoholic. 

Details of Mitigation:

Crown: Guilty plea, no previous relevant convictions. 

Defence: First occasion of violence within relationship, remorse, constructive use of time in custody. 

Previous Convictions:

Recommendation for deportation. 

Restraining order under Article 5 of the Crime (Disorderly Conduct and Harassment) (Jersey) Law 2008.

Two spent Polish convictions for drink driving. 

Conclusions:

Count 1:

2 years and 9 months' imprisonment.

Restraining Order sought pursuant to Article 5 of the Crime (Disorderly Conduct Harassment)(Jersey) Law 2008, for a period of 5 years from the date of the sentence with a default sentence of 2 years' imprisonment or a fine. 

i.       The defendant is prohibited from having any contact, direct or indirect, with the victim;

ii.      The defendant is prohibited from approaching or following the victim;

iii       The defendant is prohibited from entering any part of the premises known to him to be the home address of the victim or loitering within 50 metres thereof;

iv.      The defendant is prohibited from entering any part of the premises known to him to be the work address of the victim or loitering within 50 metres thereof, her current work address; and

v.       Should the defendant see or come into contact with the victim in any public or private place he must take immediate action to avoid any breach of this Order

Recommendation for deportation sought. 

Sentence and Observations of Court:

Count 1:

2 years' imprisonment.

Restraining Order granted pursuant to Article 5 of the Crime (Disorderly Conduct Harassment)(Jersey) Law 2008, for a period of 5 years from the date of the sentence with a default sentence of 2 years' imprisonment or a fine. 

i.       The defendant is prohibited from having any contact, direct or indirect, with the victim; 

ii.      The defendant is prohibited from approaching or following the victim; 

iii.      The defendant is prohibited from entering any part of the premises known to him to be the home address of the victim or loitering within 50 metres thereof; 

iv.      The defendant is prohibited from entering any part of the premises known to him to be the work address of the victim or loitering within 50 metres thereof, her current work address; and 

v.       Should the defendant see or come into contact with the victim in any public or private place he must take immediate action to avoid any breach of this Order

Recommendation for deportation made. 

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

Advocate A. M. Harrison for the Defendant.

JUDGMENT

THE BAILIFF:

1.        Mr Krolikowski, you are charged with one count of grave and criminal assault.  The circumstances were that you locked your victim out of the flat you were occupying, you pulled her by the clothes, you shook her, you picked up a bread knife and held it under her chin for several seconds, and a little later you started to strangle her and this continued during a struggle until she got free after biting your hand.  The police were called and she was found outside the flat in her pyjamas, extremely frightened. 

2.        The Court accepts that you were in a bad emotional state because the relationship had gone wrong, and we accept also that you were in a bad state because you were unemployed and that you had a problem with alcohol.  Nonetheless, there is no excuse for the conduct and it is your conduct for which you are now being sentenced. 

3.        We note that in the case of AG-v-Horn [2010] JRC 104 the Court said:

"First of all the message is that knife crime will be dealt with severely even though no injury is caused, and secondly, domestic violence is similarly a crime which will be treated severely.  A person's home, however big or small it is, is their refuge and if the person with whom the home is shared uses violence the victim suffers a double violation; a violation by a person that they have trusted and a violation in their own home.  People who commit these offences can expect the Court to focus on the victims and not on their hardships and on their difficulties"

That approach was agreed by the Superior Number of this Court in AG-v-Ramos [2016] JRC 057, and it is the approach that we take as well. 

4.        We note however, that there is mitigation available to you.  Your guilty plea was a valuable plea, you have no previous convictions for violence, and we are told by your counsel that in her statement to the police the victim said it was the first occasion of violence in your relationship.  We treat you as essentially of good character, and we note that you seem to be doing what you can in prison to turn your life around in that you have enhanced status, and you have been taking courses with a view to being able to get employment when you come out of prison.  We accept that you are remorseful.  So there is a counterbalance to the offence that there is hope for you for when you come out of prison because you must go to prison for this offence. 

5.        In the circumstances, we think the conclusions of the Crown are too high, and we are going to sentence you to 2 years' imprisonment. 

6.        Now, in her personal statement the victim indicates that she has felt threatened by contact while you have been in prison, contact through the use of social media sites or threats off it, and from an inmate and for that reason we think that the restraining order which the Crown has put before us is justified.  And so we are going to make the order as it is drafted by the Crown.  Advocate Harrison you should please provide the defendant with a copy of the restraining order in Polish so he can understand it.  I must warn you that if you breach the restraining order, that is itself a criminal offence and you would be liable to be punished by the Court for it, so the restraining order is a serious matter. 

7.        We have gone on to consider the question of deportation and the test that the Court applies is that set on in Camacho-v-AG [2007] JLR 462.  The first question is whether or not, in the light of the offence you have committed, it is undesirable that your permission to stay in Jersey should continue.  We think that it is - that first part of the test is met - not just because of the offence committed but also because of the background report that makes it plain that you are at a high risk of committing further offences.  There is no human rights reason for considering that the second part of the test should apply in your favour and, accordingly, the Court is going to make a recommendation to the Lieutenant Governor that you should be deported at the conclusion of your sentence. 

Authorities

AG-v-Horn [2010] JRC 104. 

AG-v-Ramos [2016] JRC 057. 

Camacho-v-AG [2007] JLR 462. 

Harrison-v-AG [2004] JLR 111.