Jersey Unreported Judgments

Inferior Number Sentencing - drugs - possession - Class A - grave and criminal assault - possession of offensive weapon

[2017]JRC064

Royal Court

(Samedi)

21 April 2017

Before     :

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

The Attorney General

-v-

Helder Manuel De Sousa Loureiro

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

First Indictment

1 count of:

Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978 (Count 1).

Second Indictment

1 count of:	Grave and criminal assault (Count 1).
1 count of:	Having in a public place an offensive weapon, contrary to Article 43 of the Firearms (Jersey) Law 2000 (Count 2).

Age:  29. 

Plea: Guilty. 

Details of Offence:

First Indictment

On 1^st October, 2016, the defendant was involved in a dispute outside Havana Nightclub in Bath Street.  A police officer spoke to the defendant and formed the opinion that he was under the influence of something.  The defendant was searched and found to be in possession of 1 yellow triangular tablet.  This tablet was analysed and found to contain MDMA (ecstasy). 

Second Indictment

The defendant and complainant are known to one another and have a history of conflict.  On 11^th October the complainant and defendant walked past each other near Roberts Garage.  Words were exchanged.  The defendant walked to his girlfriend's house nearby.  The defendant saw the complainant walk into Unifare Stores on Le Geyt Road and the defendant walked over to the entrance of the shop.  The defendant and complainant shouted at each other before the defendant walked to a nearby fence and removed a wooden plank from the fence.  The defendant then entered the shop and struck the complainant once.  The complainant raised his hands to protect himself and was struck on the hand.  The defendant then left the shop and threw the wooden plank into a nearby garden. 

The complainant suffered a full thickness cut to his left hand which measured 5.5 cm and required nine stitches to close. 

Details of Mitigation:

Guilty plea, provocation, previous history with the complainant and medical difficulties. 

Previous Convictions:

Seven previous convictions for 22 offences, including five drug offences between 2007 and 2016. 

Conclusions:

First Indictment

Count 1:

4 weeks' imprisonment.

Second Indictment

Count 1:	12 months' imprisonment, concurrent to the First Indictment.
Count 2	6 months' imprisonment concurrent.

Total: 12 months' imprisonment. 

Forfeiture and destruction of the drugs sought. 

Compensation Order sought in the sum of between £100-£300. 

Forfeiture and destruction of the wooden plank sought. 

Sentence and Observations of Court:

The Court took into consideration that the defendant had spent the equivalent of 6 months on remand and sentenced as follows:

First Indictment

Count 1:

50 hours' Community Service Order, equivalent to 1 month's imprisonment.

Second Indictment

Count 1:	180 hours' Community Service Order, equivalent to 12 months' imprisonment, concurrent to the First Indictment.
Count 2:	120 hours' Community Service Order, equivalent to 6 months' imprisonment, concurrent.

Total: 180 hours' Community Service Order, equivalent to 12 months' imprisonment together with a 12 month Probation Order.  

Forfeiture and destruction of the drugs ordered. 

No Compensation Order made. 

R. MacRae, Esq., Attorney General appeared for the Crown.

Advocate R. S. Tremoceiro for the Defendant.

JUDGMENT

THE BAILIFF:

1.        You are here to be sentenced on two Indictments.  The First Indictment charges the possession of an ecstasy tablet.  The Second Indictment charges are grave and criminal assault and having in a public place an offensive weapon, which was a piece of wood over a metre in length with a couple of screws or bolts sticking out of it, which you used for the purposes of committing the grave and criminal assault. 

2.        I am going to take the assault first because that is the more serious offence.  There was an element of provocation in connection with the assault and we take that into account.  You have had a previous history with the complainant and as a result of that history we have taken the view that there was in all probability an assault which had earlier been committed upon you.  Obviously that does not bind a future court but it is what we take into account for the purposes of the sentence today.  You say that you were threatened by him, that he would give you another black eye and that is the basis of your plea.  You told your girlfriend to call the police and then removed part of a garden fence after an exchange with the complainant, swung the plank of wood at him and caused him serious injury to his hand which required treatment with nine stiches.  There was just the one blow, you made no attempt to strike him again and you did not leave the general vicinity until the police arrived.  It is an unusual case in that respect and we have taken that into account. 

3.        We have given careful thought to the question of the medical difficulties which you have.  You are clearly an epileptic and there is evidence which suggests that you were probably suffering from a post-epileptical reaction to an earlier seizure.  Whatever the medical difficulties you are criminally liable for what you have done.  You are to be treated as knowing that you were swinging an offensive weapon and, knowing that it could cause serious injury or reckless that it could, as indeed it did.  But we accept the medical evidence that the seizure which you had had before may have led you to be agitated, paranoid, and confused and that might have affected your judgment. 

4.        Because the circumstances are so unusual we think that it is possible to avoid a custodial sentence in your case.  We think that having regard to the time which you have served already it is appropriate that we look at a period of community service which is equivalent to the Crown's conclusions and therefore you are sentenced on that charge of grave and criminal assault to 180 hours' Community Service and the alternative would have been a sentence of 12 months' imprisonment.  On Count 2 of that Indictment, for possession of the offensive weapon you are sentenced to 120 hours' Community Service, the alternative would have been 6 months' imprisonment, and on the First Indictment: 50 hours' Community Service and the alternative 1 month's imprisonment.  Those will all be served concurrently making a total of 180 hours' Community Service or 12 month's imprisonment.  You are also put on probation for a period of 12 months. 

5.        If you do not perform the Community Service Order or if you breach your Probation Order in any way you are liable to be brought back to this Court and you can be sentenced afresh for what took place. 

6.        We have given thought to the question of a Compensation Order.  The Court does not consider that it is appropriate to make such an order.  It is an acknowledgement of the provocation (I use the word loosely), provocation of you by the complainant. 

7.        The Court orders the forfeiture and destruction of the drugs. 

Authorities

AG-v-Prior [2002] JLR 11. 

Harrison-v-AG [2004] JLR 111. 

AG-v-Bulpin [2016] JRC 124.