AG -v- Le Lay [2014] JRC 041 (14 February 2014)

JUDGMENT THE BAILIFF: 1. You committed unprovoked assaults on two men, who were just fishing down at Grouville Beach, and on a woman, who simply asked you to stop your assault on the first man. The assaults consisted of punches and, in the case of the first man, throwing some items at him. The assault on the woman was particularly unpleasant but we do note that you have expressed your regret for that assault in particular. You are also before us for an assault on a prison officer when you were remanded in custody which involved punching him once in the face.

2. Unfortunately, in recent years you have been before the Court on a number of occasions for assaults either on the police or on members of the public. But it does seem clear from everything that we have read that this may have been contributed to by your condition of Asperger's which has only recently been diagnosed and your problems were also, I am sure, aggravated by the very unfortunate death of your mother.

3. Advocate English has spoken on your behalf and he has said everything that could possibly be said. He has emphasised that you pleaded guilty to these offences immediately; he has referred us to the recent reports and the diagnosis of your condition; he has highlighted the contents of those reports and of your letter, both to us and your letter of apology to the woman whom you assaulted.

4. The difficulty is that assaults of this nature really have to be punished by a prison sentence. We hope very much that whilst you are in prison you will continue to take advantage of the services offered. You mentioned in your letter that you are meeting with the psychological and psychiatric services and hopefully they will help you in relation to the condition which has now been diagnosed. But having carefully considered everything that Advocate English has said so well on your behalf, we nevertheless think that the conclusions are correct and we cannot properly reduce them.

5. On Count 1; 18 months' imprisonment, on Count 2; 6 months' imprisonment, on Count 3: 6 months' imprisonment, all of those concurrent. On the Second Indictment it is 6 months' imprisonment. That has to be consecutive; prison officers and police officers are entitled to our protection and there must be an additional punishment if people assault them. So that makes 2 years' imprisonment in all. Authorities AG-v-Letchford 2000/173A. Harrison-v-AG [2004] JLR 111 . Page Last Updated: 23 Sep 2016 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII