Inferior Number Sentencing - grave and criminal assault - malicious damage

[2018]JRC104

Royal Court

(Samedi)

15 June 2018

Before     :

T. J. Le Cocq, Esq., Deputy Bailiff, and Jurats Ramsden and Dulake

The Attorney General

-v-

James Leslie Keenan

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

1 count of:	Grave and criminal assault.
1 count of:	Malicious damage.

Age:  27. 

Plea: Guilty. 

Details of Offence:

The defendant and complainant were in a relationship and the complainant, who lives in the UK, travelled to Jersey on 1 February 2018 to visit the defendant, who was at that time living at Bon Vie Guest House.

After the Complainant arrived she and the defendant went out to several pubs in town and drank alcohol.  During the evening the defendant’s behaviour became more aggressive and he was trying to start fights with “random people”.

The complainant and defendant returned to Room 4 at Bon Vie Guest House between 10:30 and 11:00pm.  They got into bed and were drinking wine straight from the bottle.  A short while later an argument began about the defendant’s drug use and the defendant started hitting the complainant in the face.  The defendant kicked the complainant in the chin, pinned her down and hit her in the face.  The defendant then put his hands around the complainant’s neck and she passed out.

Neighbours heard shouting and arguing and the Police were called.  Police Officers attended at the property at 11:30pm.  When the Police Officers reached the door of room 4 they could hear loud distressed screams coming from within the room.  Officers knocked loudly on the door and announced themselves as Police.  There was silence from within the room and the door was then opened by the defendant.  Officers saw the complainant lying on the floor against the base of the bed, she was wrapped in a white sheet or duvet cover.  As officers entered the room the complainant stood up.  Officers observed that the defendant had blood on his forehead and on the back of the sleeve of his sweatshirt (Count 1). 

Police Officers and the owner of Bon Vie Guest House went in to Room 4 after the defendant had been arrested, they observed that the room was badly damaged, with blood on the walls and carpet, broken lamps and a radiator that had been pulled off the wall, causing damage to the wall which had to be re-plastered (Count 2). 

Details of Mitigation:

Guilty plea, remorse. 

Previous Convictions:

11 previous convictions for 38 offences, including a conviction for battery in July 2017 against the same complainant and 3 malicious damage convictions. 

Conclusions:

Count 1:	2 years’ imprisonment.
Count 2:	6 months’ imprisonment, concurrent.

Total:  2 years imprisonment. 

Restraining Order sought pursuant to Article 5 of the Crime (Disorderly Conduct And Harassment) (Jersey) Law 2008 preventing the defendant from contacting the complainant for a period of 5 years to commence from date of sentence in the following terms:

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

b.      The defendant is prohibited from approaching or following the complainant; and

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

Exclusion Order sought excluding the defendant from 1^st, 2^nd, 4^th, 5^th and 7^th category licensed premises excluding the Multiplex Cinema, Jersey Airport and the ferry terminal at Elizabeth Harbour for a period of 12 months’ to commence from the date of his release from prison. 

Compensation Order sought in the sum of £950. 

Sentence and Observations of Court:

Count 1:	18 months’ imprisonment.
Count 2:	4 months’ imprisonment, concurrent.

Total:  18 months’ imprisonment. 

Restraining Order made pursuant to Article 5 of the Crime (Disorderly Conduct And Harassment) (Jersey) Law 2008 preventing the defendant from contacting the complainant for a period of 5 years to commence from date of sentence in the following terms:

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

b.      The defendant is prohibited from approaching or following the complainant; and

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

Exclusion Order made excluding the defendant from 1^st, 4^th, 5^th and 7^th category licensed premises excluding the Multiplex Cinema, Jersey Airport and the ferry terminal at Elizabeth Harbour for a period of 12 months’ to commence from the date of his release from prison. 

Compensation Order made in the sum of £950 to be paid at a rate of £25 per week, payment to commence 3 months after the defendant’s release from prison, with liberty to apply to the court for review, or 12 weeks’ imprisonment in default. 

Ms E. L. Hollywood, Crown Advocate.

Advocate J. M. Grace for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        You are to be sentenced for one count of grave and criminal assault on your partner and one count of malicious damage. 

2.        The assault must have been particularly frightening where, in a room that you were sharing with her, you punched and kicked her when she was trapped between the bed and the television unit and you then you put your hands around her throat and she feared that she was going to be strangled. 

3.        The assault was alcohol fuelled and it was not the first time.  You have a poor record including for drink related offending and for malicious damage in the past. 

4.        We note however the mitigation available to you including your early guilty pleas and the expressions of remorse which we take to be genuine.  We have of course, considered carefully the references filed on your behalf which speak to a very different aspect to your character.

5.        Dealing firstly with the question of the compensation order, we take the view that it is, in this case, appropriate to make such an order.  Accordingly, we make the order in the sum of £950 but that will not take effect until 3 months from the date of your release, and you may pay that at £25 per week as requested by your counsel.  The default sentence is 12 weeks. 

6.        As to the exclusion order we believe that is entirely well merited in this case and we make the exclusion order in the terms moved for by the Crown with the further exception of second category premises so that you can find accommodation when you come out.  That will run for a period of 12 months taking effect from the date of your release.

7.        On the matter of a restraining order, this is of cause entirely well merited in the circumstances of this offending and we make the restraining order in the terms moved for by the Crown.

8.        Turning to the matter of sentence we have had regard to the example cases put before us and in our view and in the light of the mitigation that we know is available to you in the various reports and otherwise, we think that the conclusions of the Crown are somewhat higher than merited for this particular case. 

9.        Accordingly, you are sentenced to 18 months’ imprisonment for the grave and criminal assault, 4 months’ imprisonment for the malicious damage, both sentences to be concurrent making it the total of 18 months.

Authorities

Criminal Justice (Compensation Orders)(Jersey) Law 1994. 

Crime (Disorderly Conduct Harassment)(Jersey) Law 2008. 

Harrison-v-Attorney General [2004] JLR 111. 

AG-v-Poingdestre [2018] JRC 029. 

AG-v-Duffy [2017] JRC 131. 

AG-v-Pereira [2011] JRC 182. 

AG-v-Phillips [2009] JRC 193. 

AG-v-Barwise [2009] JRC 182. 

Whelan on Aspects of Sentencing – Violence within a relationship.