AG -v- Martins [2015] JRC 016 (23 January 2015)

JUDGMENT THE commissioner: 1. The defendant stands to be sentenced for two counts of grave and criminal assault and one count of common assault, all committed on one evening. All of the offences were seen on CCTV and two of them involved unknown victims who did not come forward to complain. They were all ferocious, drink-fuelled assaults involving kicks and punches on near-random strangers, at night in the streets of St Helier, in the presence of members of the public.

2. The defendant is 20 and therefore comes within the provisions of the Criminal Justice (Young Offenders)(Jersey) Law 1994 .

3. The Crown, having taken into account and applied the factors in Harrison v AG [2004] JLR 111 , take the view that these offences are too serious to justify a non-custodial sentence and move for a sentence of 18 months' youth detention.

4. In terms of mitigation the defendant has pleaded guilty at an early stage and was cooperative with the police. He has, we are told, a good work ethic. He has no previous convictions and is therefore of good character, and as just mentioned, he has the benefit of youth. He tells us that he has abstained from alcohol since this occasion and is remorseful. He is supported today by his girlfriend, who is in Court, and we have letters from him, his sister with whom he lives, his girlfriend and others. The defendant told the police that he had been provoked by the victims but if that is so, we agree with the Crown that his response was disproportionate and entirely without justification.

5. We have considered all of the mitigation put forward by Advocate Bell but the policy of the Court is clear. It takes a very serious view of drunken violence in the streets of St Helier and in our judgment these offences are too serious to justify a non-custodial sentence, notwithstanding the defendant's youth. We are therefore going to grant the conclusions of the Crown.

6. On Count 1 you are sentenced to 18 month's youth detention, on Count 2: 18 months' youth detention, concurrent, Count 5; 6 months' youth detention, concurrent, which makes a total of 18 months' youth detention and we are required to advise you that on your release you may be subject to a period of supervision.

7. We turn now to the issue of deportation. The defendant has only lived in Jersey for just over a year and his only ties here are his sister and his girlfriend. He is currently unemployed. He is sleeping on a sofa in his sister's one-bedroomed flat. He wishes to remain in Jersey as he says the work prospects are better here.

8. Taking the first part of the test in Camacho v AG [2007] JLR 462 and assisted by the observations of the Deputy Bailiff in AG v De Barros [2013] JRC 079 , and having taken in to account Advocate Bell's submissions, we do find that the defendant's continued presence in the Island is detrimental to the public good. It is true that he has been assessed at a low risk of reconviction but that is because he says he now rarely drinks but it is clear that when he does drink he has a real propensity for violence. The sheer level of violence in these three separate attacks upon random members of the public, at night, on the streets of St Helier and in the presence of other members of the public is more than sufficient, in our view, to meet the first part of the test.

9. Turning to the second part of the test the defendants ties to the Island, which we have just described, are such that in our view his deportation would not be disproportionate having regard to his convention rights and those of others not before the Court. We do therefore recommend his deportation. Authorities Criminal Justice (Young Offenders)(Jersey) Law 1994. Harrison v AG [2004] JLR 111 . Camacho-v-AG [2007] JLR 462 . AG-v-De Barros [2013] JRC 079 . AG-v-Cameron [2008] JRC 182 . AG-v-Abreu [2007] JLR N 32. Page Last Updated: 27 Sep 2016 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII