[2009]JRC193

ROYAL COURT

(Samedi Division)

9^th October 2009

The Attorney General

-v-

Scott Russell Phillips

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

Age:  22.

Plea: Guilty.

Details of Offence:

On Friday 12^th June, 2009, Phillips’ sister, Ria Phillips (“Ria”) asked her mother to look after her five year-old son, Ashton, so she could go out with the defendant after work.  Her mother agreed.

She and her brother met at about 1730 in Squires, leaving at about 9pm, at which point the defendant was drunk.  Outside the Chimes Public House there was an altercation between Ria and another woman, after which the defendant remonstrated with her for her behaviour, which developed into an argument, during which he pushed her away forcefully.  They parted company. 

Ria returned her to her mother’s house, where the defendant also lives, and once there had an argument with her mother whom she accused of always sticking up for Phillips.  She then went to his room and pushed the contents of a shelf onto the floor, breaking an ashtray. 

She left the flat but later realised that she had lost her mobile phone, so returned to look for it.  While there she tidied up the mess she had made in his room and replaced the items on the shelf.  She had initially asked to take her son home with her, but her mother refused this request as Ria was so upset.  Ria returned home, and due to her emotional state asked a male friend to come and keep her company. 

At approximately 0230 Phillips returned home.  After leaving his sister he had gone to the Don public house, where he drank another pint and two vodka and lemonades.  He then went to the home of an acquaintance and had a further two or three bottles of beer.  On arriving home and seeing the broken ashtray the defendant said that he felt annoyed, and drove to his sister’s home (Count 1), where she has an apartment on the first floor.  He climbed to the first floor balcony and entered her flat (Count 2) taking a claw hammer with him.  The balcony door was closed but not locked. 

At 0245 Ria was woken as her bedroom light was switched on and the quilt pulled off her bed.  She saw her brother standing at the foot of her bed, shouting and appearing enraged.  She saw that he was holding a black handled hammer in his hand, and that made her believe that he was going to hit something.  She stated that his posture was very threatening and she felt scared (Count 3).  Phillips went into the sitting room, still shouting, and hit the television twice with the hammer, shattering the screen, before pushing it over and hitting it again in the back.  The hammer got stuck and while Phillips was trying to free it Ria tried to call the police from her bedroom.  Phillips then re-entered her bedroom, picked up a mirror off the wall and smashed it to the floor (Count 4). 

He then leaned over Ria, who was lying on her bed crying, and said  words to the effect of “Don’t make me angry, and don’t do things to wind me up ‘cos you know I will retaliate.”  Ria says she was in fear for her safety and believed that he was going to hit her. 

By this time her friend, who had been sleeping on the sofa in the living room, entered the bedroom.  He took hold of Phillips and pinned him against the wall before wrestling him out of the flat, during which time Phillips punched him to the mouth (Count 5).  While this was happening, Ria ran to the bathroom and called for police assistance.  She remained locked in that room until police officers assured her it was safe to come out. 

Police saw Phillips get into J34015, a white VW Polo, in Charles Street.  One of the officers stepped into the road and raised her left hand in an effort to stop the vehicle, which failed to stop and the officer had to jump out of the way to avoid being hit (Count 7).  A few minutes Phillips was stopped by other officers as he was driving along Cannon Street.  He was visibly distressed and smelt strongly of alcohol. 

Details of Mitigation:

Guilty plea, residual youth, co-operative in interview.

Previous Convictions:

Grave and criminal assault.

Conclusions:

Total:  3 years and 9 months’ imprisonment plus 2 years disqualification from driving.

Compensation Order in the sum of £585 in favour of the victim.

Sentence and Observations of Court:

Total:  12 months’ imprisonment plus 2 years disqualification from driving.

Compensation Order in the sum of £585 in favour of the victim.

R. C. P. Pedley, Esq., Crown Advocate.

Advocate I. C. Jones for the Defendant.

JUDGMENT

THE commissioner:

1.        This defendant has pleaded guilty to a number of offences resulting from binge drinking on a night in June.  The victim of the offences was his sister with whom he had been drinking during the evening until they had an argument and separated.  It appears to us, although it is not a matter to which the Crown has expressly referred, that there was considerable provocation from the defendant’s sister.  First she insulted one of his friends which led to the argument to which we have referred.  Secondly, she caused malicious damage to his property in his bedroom.  None of that, of course, excuses the retaliation which followed but it does set it in its proper context.  There is no suggestion that the defendant intended to use the hammer which he took with him to his sister’s flat other than to cause damage to her property.  In short this was a drunken over-reaction to the slights which he had received.  Nonetheless there is little doubt that the defendant’s actions put the victim in fear and he must be punished for that.

2.        Defence counsel submitted to us that the Crown’s conclusions were disproportionate to the offences committed.  We have to say that we have approached this matter in a very different way from that of the Crown.  This was not a burglary in its accepted sense.  It was, as we have said, a wholly excessive over-reaction in the context of a family dispute and the fact that the events took place in his sister’s flat rather than in the home seems to us not very material.  It follows that we agree with the Defence that the conclusions are indeed excessive. 

3.        Nonetheless the defendant caused terror to his sister by appearing in her flat in the middle of the night armed with a claw hammer.  He used that claw hammer to smash property belonging to her and he furthermore assaulted another man who was an entirely innocent bystander.  In addition to all that he refused to obey an order of a police officer to stop and he drove past her in a state of drunkenness when he clearly constituted a considerable danger to the public.  This combination of circumstances makes it impossible for us to do anything but impose a custodial sentence. 

4.        We have taken into account the defendant’s age, his remorse and the letters which we have received.  We have also taken into account the defendant’s good work record.  All these things have enabled us to reduce very considerably the Crown’s conclusions. 

5.        On Count 1 we sentence you to 2 months’ imprisonment, on Count 2; 8 months’ imprisonment, on Count 3; 8 months’ imprisonment, on Count 4; 6 months’ imprisonment, on Count 5; 1 month’s imprisonment, all those sentences to run concurrently and on Count 7 we sentence you to 4 months’ imprisonment, that sentence to be consecutive, making a total of 12 months’ imprisonment.  We disqualify you from holding a driving licence for all offences which carry disqualification, for a period of 2 years and we also order you to pay compensation to your sister in the sum of £585.

Authorities

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

AG-v-Moreira [2003] JRC 083A.

AG-v-Aubin [2007] JRC 119.

AG-v-Barbet 1985/100.