AG v Reis [2022] JRC 284 (15 December 2022)

JUDGMENT THE DEPUTY BAILIFF: 1. You are 23 years of age and fall to be sentenced today for an offence of common assault. The circumstances are that at 3am on 27 th September 2021 whilst in Bath Street you assaulted a total stranger. You punched him once in the face, you had been drinking earlier that night in St Helier and you were so drunk that you cannot recall the incident and could not recall it when you gave evidence to the jury.

2. It is no credit to you at all that you behaved in that way. Drunken violence on the streets of St Helier is unacceptable and you could not complain today if the Court had determined to sentence you to a period of imprisonment. That is not going to be the sentence of the Court because of a number of factors which collectively mean that the Court is able to adopt a different course. That is a course which is appropriate to this Court and although we have been asked to consider the Magistrate's Court guidelines ,they are not binding in this Court.

3. As we have said you are 23 years of age, and until this offence you were a man of good character. You were acquitted by the jury of an offence of grave and criminal assault and convicted of common assault. That was a plea that you had offered to the Crown at about the time you were indicted and accordingly you receive substantial credit for that tendered plea of guilty. You are also in full-time employment and notwithstanding various challenges you have with your mental health, which is set out in detail in reports before us.

4. We have read a letter of remorse that you have written to the Court, and we accept that this assault was wholly out of character. For those reasons we are able to impose a financial penalty upon you and you will pay a fine of £1,500 at the rate of £100 per week with the first payment due by 2pm tomorrow. In default of any payment you will be liable to a prison sentence of up to two months. That is the sentence of the court. Authorities Whelan on Aspects of Sentencing Harrison v AG [2004] JLR 111 AG v Cummins [2006] JRC 070 Magistrate's Court Guidelines - Assault. Page Last Updated: 30 Dec 2022 Back to top About JLIB Accessibility Contacts Disclaimer Feedback Privacy policy Site map © Jersey Legal Information Board 2001- This website is not compatible with your web browser. You should install a newer browser . If you live in Jersey and need help upgrading call the States of Jersey web team on 440099. BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII