AG v Deffains

• Jurisdiction: Jersey
• Court: Royal Court
• Judge: Bailiff
• Judgment Date: 30 April 2004
• Neutral Citation: [2004] JRC 75
• Date: 30 April 2004

[2004] JRC 75

ROYAL COURT

(Samedi Division)

Before:

M.C. St. J. Birt, Deputy Bailiff, and Jurats Tibbo and Clapham.

The Attorney General

and

Peter Edgar Deffains

C.M.M. Yates, Esq., Crown Advocate.

Advocate C.J. Scholefield for the Defendant.

Authorities

Harrison v AG [2004] JCA 046.

AG v Cooper [2002] JRC 036.

Whelan: Aspects of Sentencing in the Superior Courts of Jersey (2 ^nd Edition): pp.310–318.

Mallet v A.G. [2000] JLR 256.

1 count of: Grave and criminal assault

Age: 38

Plea: Guilty.

Details of Offence:

The Defendant's company had been involved in a protracted legal dispute with a finance company where the victim was Managing Director. The Defendant had settled action out of court, but had come to resent the victim intensely, even though they had never met.

While out drinking one night, the Defendant came across the victim who was attending a party in Chicago Rock. Later that evening, in the toilets at the restaurant, the Defendant punched the unsuspecting victim full force in the face. At the time the Defendant was wearing a stiff resin cast on his hand. The blow caused severe eye trauma, and approximately £15,000 worth of dental damage.

The Defendant was later arrested, and pleaded guilty on indictment. In putting the grave and criminal assault charge, the Crown took account of the fact that the blow was a very heavy one of which the victim had no notice, and that it had caused serious injuries.

The Defendant accepted that he still felt a great deal of animosity towards the victim.

Details of Mitigation:

Guilty plea, previous good character, likely to face lengthy civil action brought by victim, no pre-meditation.

Previous Convictions:

Three minor road traffic offences.

Conclusions:

12 months' imprisonment.

Sentence and Observations of Court:

This was an unprovoked assault with serious consequences. There was no excuse for this behaviour, which must be met by prison sentence. However, due to mitigation, Court felt able to suspend 12 months' prison sentence for two years.

Bailiff

THE DEPUTY

1 This was an unprovoked assault, which had serious consequences for the victim. He suffered damage to his eye and to his teeth. Fortunately, it appears that neither of these will be permanent.

2 We accept that it involved only one punch and that this was carried out on the spur of the moment when you came face to face with him and it was borne out of a sense of grievance over the...