Jersey Unreported Judgments

Inferior Number Sentencing - grave and criminal assault

[2017]JRC138

Royal Court

(Samedi)

1 September 2017

Before     :

Sir William Bailhache, Bailiff, and Jurats Olsen and Sparrow.

The Attorney General

-v-

Ashley Anaise Hamon

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 3).

Age:  41. 

Plea: Guilty. 

Details of Offence:

The defendant committed a grave and criminal assault on the victim after they had been drinking together for several hours.  They had consumed about 1¼ bottles of vodka between them from late afternoon at the victim's home.  They then went to St James' Wine Bar in the early hours of the next morning with a male acquaintance.  A female customer in the wine bar started an argument with the defendant who was ejected from the premises.  The victim and the male acquaintance followed the defendant outside in an effort to calm her down and she started to argue with the male.  As the victim got between them the defendant pulled a small Swiss Army-style knife from her pocket, pulled the victim toward her from behind and inflicted a slash wound approximately 5cm long and 0·5cm deep to her neck.  The Police were on the scene within minutes, by which time the wound had stopped bleeding.  The victim was initially reluctant to make a complaint.  The defendant had thrown the knife away and it could not be found.  There would be a visible scar as well as a psychological impact on the victim.  The defendant could not explain her actions and had no reason to assault the victim. 

Details of Mitigation:

Early guilty plea; expressed remorse.  The defendant was 41, single, unemployed, no home of her own, with a history of drug abuse and mental instability.

Previous Convictions:

66 previous offences, mainly acquisitive but 5 against the person, 3 of those being grave and criminal assaults.

Conclusions:

The Crown took a starting point of 6 years' imprisonment, allowed a full one-third for the guilty plea and a further 6 months for such other residual mitigation as was available, moving for a sentence of 3½ years' imprisonment.

Count 3:

Starting point 6 years' imprisonment.  3 years and 6 months' imprisonment.

Sentence and Observations of Court:

Count 1:

3 years' imprisonment.

C. R. Baglin, Esq., Crown Advocate.

Advocate J. M. Grace for the Defendant.

JUDGMENT

THE BAILIFF:

1.        You are here to be sentenced on one count on the Indictment of grave and criminal assault and the circumstances were that you had been out with the victim and you had been drinking a considerable amount.  You took out a Swiss Army knife of some sort and without any provocation from the victim, slashed across her throat. 

2.        You have a sad history in lots of respects as referred to in Court, you see these papers recognises that; but that will not be an excuse forever and it cannot be, and you are an intelligent woman and you know that.  You will also know that when you commit an offence of this kind the effect on the victim is something that a Court is bound to take into account, and there is no doubt from reading the statement in this case that the victim has been greatly affected.  Your counsel says that you are very sorry about that and actually the Court is willing to go some way to accepting that.  But it goes to show that your reactions have consequences.  This assault was not a sustained or prolonged assault, it was not a premeditated assault.  It was an assault in temper, no doubt fuelled by drink, and the Court has said on many, many occasions that a grave and criminal assault in the public streets of St Helier, at night, fuelled by drink, results in custodial sentences and on this occasion it is worse because you used a knife. 

3.        In the case of AG v Lawlor [2009] JRC 150 the Court said:

"The gravity of injury when a knife is used is so often a matter of chance and there is always a risk of really serious injury if not worse.  The Court is determined to send out a message that those who resort to attacks with a knife will face severe sentences."

And that is absolutely true here because the use of the knife across the throat could easily have had absolutely terrible consequences and you must realise that. 

4.        The Court notes that your record is far from good but actually that is not the main thing that we take into account here at all, the number of violent offences is small.  We also note that you have been opiate-free for some time and that is really to your credit.  You need to tackle your drink problem. 

5.        Having regard to all these features we think the right course is to sentence you to imprisonment for a term of 3 years and that is what we are going to do. 

Authorities

AG v Lawlor [2009] JRC 150. 

Harrison v AG [2004] JLR 111.

AG v Gladwin [2008] JCA 009. 

AG v Brown [2005] JRC 162. 

AG v Mawer [2013] JRC 116.