AG v Paton [2019] JRC 117 (21 June 2019)

JUDGMENT THE BAILIFF: 1. You are here to be sentenced on one count of grave and criminal assault which took place at Her Majesty's Prison in January this year. You were placed in a cell with another prisoner and, while he was asleep in the middle of night you took an implement, which you had fashioned yourself into a knife with a sharp point, and put it into the complainant's neck. Fortunately he was not badly injured, but you were not to know that, and it could have been quite serious, and it is just as well for you that it was not.

2. The Crown moves for a sentence of 3 years' imprisonment and rightly says in that connection that the complainant was entitled to think that he should be safe in the cell which he was sharing with you, and therefore that is an aggravating factor. The use of the weapon is certainly a serious matter and there is no doubt at all the court must impose a custodial sentence upon you for that offence.

3. Your advocate, who has said everything that could be said on your behalf, points to some things in particular. First of all that you have had difficulties in your childhood. Secondly, you have some psychological difficulties, but more importantly in the context of the approach we are taking today, that you are still a young man of 21 which is a matter which the Crown does not seem to have taken into account in its assessment of that mitigation. We have had regard to your guilty plea and certainly we think there was an element of impulsivity in this offence.

4. In the circumstances we are going to impose a sentence of 18 months' imprisonment for this offence.

5. You will have the opportunity while you are in prison of engaging with the psychological staff there for some assistance and you should really do that because they can give you some help. You are only 21, the world is ahead of you. You have had numbers of difficulties and you have committed previous offences in the past, but it does not have to be like this. You can, and ultimately it is only you who is going to do it, you can change your life around and while you are serving the rest of your sentence the court recommends that you give some serious thought to that. 6. 18 months' imprisonment. Authorities AG v Paton [2019] JRC 113A. Harrison v AG [2004] JLR 111 . AG v George [2012] JRC 216B . AG v Lawlor [2009] JRC 150. Page Last Updated: 15 Jul 2019 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII