Jersey Unreported Judgments

Inferior Number Sentencing - Grave and criminal assault.

[2020]JRC143

Royal Court

(Samedi)

24 July 2020

Before     :

R. J. MacRae, Esq., Deputy Bailiff, and Jurats Olsen and Hughes

The Attorney General

-v-

Glen Rhys Le Claire

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:  28. 

Plea: Guilty. 

Details of Offence:

The defendant and the victim were friends.  At 07:00 on 20^th February 2020 they were drinking cans of lager together in the defendant's room at the Mayfair Hotel, St Helier.  The victim described himself as an alcoholic. 

 

During the course of the day the defendant and the victim drank numerous cans of lager and took the defendant's anti-seizure medication, Tegretol.  This combination caused the victim to feel 'wiped out' and unable to walk. 

 

The victim estimated by the evening they had shared fourteen 200 mg pills of Tegretol.  At some point after midnight the defendant said: "Take your glasses off".  The victim asked why, and the defendant responded by saying that he was going to hit him. 

 

The victim recalled the defendant punching his eye.  He was knocked unconscious from the blow, and recalls waking up at approximately 04:30 on the floor of the hotel room.  The medical evidence suggested that more than one blow was delivered.  As a result of the assault he had dried blood in his ears and mouth and his right eye was swollen shut.  His glasses were on the floor. 

 

The victim was taken to hospital where he was treated.  It was established that he had suffered a fracture to his right eye socket as well as bruising and swelling to his face.  It was still unclear at the time of sentence whether a metal plate was required to treat the fracture.  The victim was discharged later that day and met with the defendant.  The defendant told the victim that he regretted his actions the previous evening.  The defendant called the police, he was arrested and made admissions in interview. 

 

The defendant was also in breach of probation orders that were imposed by the Magistrate's Court on 1^st November, 2019, and 8^th January 2020.   The Crown requested that the probation orders be discharged and the defendant re-sentenced for the offences that were the subject of the orders.   These offences included assault on a police officer and a grave and criminal assault on the same victim as the present case. 

Details of Mitigation:

Guilty plea, co-operative in interview, mental health issues arising from historic road traffic collision. 

Previous Convictions:

The defendant had twelve convictions for thirty-three offences including convictions for common assault (2013), grave and criminal assault (2019) and assaulting a police officer (2017 and 2019).

Conclusions:

Current Indictment

Count 1:

2 years' imprisonment.

Breach of Magistrate's Court imposed Probation Order of 1^st November, 2019.

Count 1:	2 week's imprisonment, concurrent to Count 4.
Count 2:	1 month's imprisonment, concurrent to Count 4.
Count 3:	2 weeks' imprisonment, concurrent to Count 4.
Count 4:	6 months' imprisonment, concurrent to Count 1 on the current Indictment.

Breach of Magistrate's Court imposed Probation Order of 8^th January, 2020.

Count 1:

No separate penalty.

Total:  2 years and 6 months' imprisonment.

Discharge of the Probation Orders sought.

Sentence and Observations of Court:

Conclusions granted. 

C. R. Baglin Esq., Crown Advocate.

Advocate A. M. Harrison for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        Glen Le Claire, you are 28 years old, and have appeared before the courts before in relation to other criminal offences.  This is, however, your first appearance in the Royal Court.  You appear to be sentenced for a grave and criminal assault committed upon your friend (the victim) on 21^st February, 2020.  You also appear to be re-sentenced for an assault on the same man for which you were sentenced to a 9 months' Probation Order by the Magistrate on 1^st November, 2019.  That offence was committed on 7^th October of last year and at that time you were already on bail for other offences including an offence of assault on a police officer involving head butting a police officer on 29^th August, 2019. 

2.        The offence that you committed against the victim on 7^th October, 2019 was recorded on closed circuit television.  Footage showed that you, when in drink and without provocation, pushed him to the floor and kicked him five times.  You assaulted him again on 21^st February.  You and he had been drinking for some hours at your accommodation.  You had drunk a bottle of rum and a substantial quantity of lager.  You had begun drinking at 5am that day.  In addition to the alcohol you also took your anti-seizure medication which you shared with your victim, exacerbating the effect of the alcohol that you had both consumed.  When you were both drunk you asked the victim to remove his glasses.  He asked you why and you told him that you were going to hit him.  Apparently you have on previous occasions had a similar exchange with the victim before hitting him.  You then punched him hard in the face.  It is difficult to determine from the evidence how often you punched him.  You say through your counsel today three times.  But you punched him sufficiently hard in his left eye to fracture the eye socket and knock him unconscious.  He awoke with blood in his ears and mouth and his right eye was swollen shut.  There was blood on the bed the carpet and the wall.  You apologised to the victim, who was taken to hospital later on the next day. 

3.        The following day you also contacted the police and, when interviewed, they said you could not remember anything.  You agreed that it made sense that you would have assaulted the victim.  And you also agreed that you had assaulted him in the past. 

4.        The medical evidence in relation to the injuries indicate that the victim suffered two black eyes with substantial bruising to the eyes and other parts of the face.  The orbital fracture may result in the insertion of a metal plate in the future and he has told the police that his vision and hearing are still affected.

5.        We have been assisted by a detailed report from the Probation Officer.  Although you began to offend in 2010, your personal circumstances have been significantly affected adversely by a road traffic accident in February 2011, which left you in a coma for over two weeks and consequential brain damage resulting in neuropsychological deficits, personality change and behavioural and mood difficulties.  Although you have continued to recover from that accident you have been permanently affected by it.  One of the effects is that you have an organic personality disorder which is the major cause of your, at times, inappropriate aggressive and self-injurious behaviour.  That behaviour is exacerbated and in fact activated by the use of alcohol which leads to impulsive and unpredictable behaviour on your part.  You are aware of this. 

6.        Furthermore, you yourself were the subject of a grave and criminal assault in July of last year and your assailant is soon to be sentenced by this court.

7.        We are pleased to see that whilst on remand in custody you have seen a community psychiatric nurse and you have been able to reflect on your behaviour and examine mistakes you have made.  We note that the manager of the prison health care department has said that throughout the time that you have spent in custody you have been pleasant and amenable.  This is at least in part due to complete detoxification from alcohol during your first ten days in custody.  In consequence of that detoxification you have had a generally stable mood and you have complied with the treatment prescribed for your epilepsy and your general mood. 

8.        The Probation Officer says that even prior to sustaining life changing injuries in the road traffic accident I have referred to, alcohol was a significant factor for you in terms of your offending and other concerning behaviours.  The Probation Officer regards you as being at high risk of reconviction for any type of offence and it is excessive drinking which is at the heart of this.  You now appreciate this, you know this and it is really for you to decide, when you are released from custody, whether or not you can abstain from alcohol.  We certainly urge you to do so.  And we were discouraged to read the fact you told the community psychiatric nurse you planned to drink on your release.

9.        We give you credit for your guilty plea and the admission you made to the police in interview.  Nonetheless, on any view this was a serious assault on a defenceless man in drink.  It was premeditated in the sense that you invited him to remove his glasses before you assaulted him and you were on probation for assaulting him already.  This offence is so serious that only a custodial sentence can be justified. 

10.      The sentences of the Court are as follows.  In relation to the offence on the Indictment of grave and criminal assault you are sentenced to 2 years' imprisonment. 

11.      In relation to the breach of the Probation Order made on 1^st November, 2019, we grant the Crown's conclusions.  As to the first offence, drunk and disorderly conduct committed on 27^th August, 2019, 2 weeks' imprisonment.  Assault on a police officer on 27^th August, 2019, 1 month's imprisonment.  Malicious damage on 9^th September, 2019, 2 weeks' imprisonment, and grave and criminal assault, on the victim on 7^th October, 2019, 6 months' imprisonment.  We did consider making all those sentences consecutive to each other which would have resulted in a total sentence of 8 months.  We have decided, in view of totality, to make them concurrent to each other making a total of 6 months' imprisonment, but of course, that must be, as your counsel accepts, consecutive to the sentence that we have imposed in relation to the offence on the Indictment, making a total of 2 years and 6 months' imprisonment. 

12.      We impose no separate penalty in relation to the breach of Probation Order made on 8^th January, 2020. 

13.      The existing Probation Orders are discharged. 

Authorities

AG v McCool 2000/45

AG v Franco 2001/120

AG v Stirton [2012] JRC108

Harrison v AG [2004] JLR 111