AG v Kopec 09-Nov-12

• Jurisdiction: Jersey
• Court: Royal Court
• Judge: The Deputy Bailiff
• Judgment Date: 09 November 2012
• Neutral Citation: [2012] JRC 206
• Date: 09 November 2012

[2012] JRC 206

ROYAL COURT

(Samedi)

Before:

W. J. Bailhache, Q.C., Deputy Bailiff, andJurats MorganandOlsen.

The Attorney General

and

Krzysztof Czeslaw Kopec

Ms E. L. Hollywood, Crown Advocate.

Advocate J. N. Heywood for the Defendant.

Authorities

Camacho -v- AG [2007] JLR 462 .

Harrison -v- AG [2004] JLR 111 .

Whelan on Aspects of Sentencing in the Superior Courts of Jersey (Third edition).

Licensed Premises (Exclusion of Certain Persons)(Jersey) Law 1998.

Criiminal Justice (Compensation Order)(Jersey) Law 1994.

AG -v- Passman [2007] JRC 230 .

AG -v- Williamson [2011] JRC 232 .

Inferior Number sentencing — grave and criminal assault.

Sentencing by the Inferior Number of the Royal Court, following guilty pleas to the following charges:

2 counts of: Grave and criminal assault (Counts 1 and 2).

Age: 30.

Plea: Guilty.

Details of Offence:

The defendant and a friend had been drinking after work. At the end of the night they went to a takeaway in town. There was a disagreement with two men as to possibly having pushed in. The defendants started to become aggressive. In the space of a little over five minutes the defendant (who wore steel toe capped boots) inflicted the following on two men who he had not previously met and had encountered in a queue in the takeaway: five kicks to Mr Gibson's upper body or head; one kick to Mr Brewer's chest; seven or eight punches to Mr Gibson's upper body or head; three punches to Mr Brewer's upper body or head and two slaps to Mr Gibson's head or face. The defendant also pushed Mr Gibson twice, once forcing his head against a glass door, and kneed him in the thigh. The defendant was intoxicated at the time of the offence.

Details of Mitigation:

Guilty plea; partially cooperative with police. The steel boots were work boots. Good work record. Was supporting ex-wife and disabled child in Poland. Settled in Jersey with fiancée.

Previous Convictions:

Two previous convictions and his Parish Hall caution.

Conclusions:

Count 1: 2 years' imprisonment.

Count 2: 15 months' imprisonment, concurrent.

Total: 2 years' imprisonment.

Exclusion Order sought for a period of 12 months from date of release from 1 ^st, 2 ^nd, 3 ^rd, 4 ^th, 5 ^th and 7 ^th category licensed premises excluding the Multiplex Cinema, the Jersey Arts Centre, the Jersey Airport, the Ferry Terminal at Elizabeth Harbour and the Opera House, but if a non-custodial sentence given then an 18 month Exclusion Order sought under the same conditions to date from today.

Compensation Order in the sum of £110 sought.

Recommendation for deportation sought.

Sentence and Observations of Court:

Agreed with Crown's conclusions. The defendant agreed to the making of the Compensation Order. The Jurats were divided on recommending a Deportation Order. The sitting Judge decided against it but warned repeat conduct would likely result in a deportation recommendation.

Count 1: 2 years' imprisonment.

Count 2: 15 months' imprisonment, concurrent.

Total: 2 years' imprisonment.

Exclusion Order made for a period of 12 months from 1 ^st, 2 ^nd, 3 ^rd, 4 ^th, 5 ^th and 7 ^th category licensed premises excluding the Multiplex Cinema, the Jersey Arts Centre, the Jersey Airport, the Ferry Terminal at Elizabeth Harbour and the Opera House from date of release from custody.

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