AG v Powell

• Jurisdiction: Jersey
• Court: Royal Court
• Judge: Deputy Bailiff
• Judgment Date: 27 November 2003
• Neutral Citation: [2003] JRC 217
• Date: 27 November 2003

[2003] JRC 217

ROYAL COURT

(Samedi Division)

Before:

M.C. St. J. Birt, Deputy Bailiff, and Jurats Georgelin and Allo.

The Attorney General

and

Ryan Mark Powell

Mrs S. Sharpe, Crown Advocate.

Advocate D. Cadin for Defendant.

Authorities

Whelan: Aspects of Sentencing in the Superior Courts of Jersey (2 ^nd Ed'n): paras 826–35.

Norris v A.G. (28th September, 1992) Jersey Unreported: [1992/169].

Mallet v A.G. (24th May 2000) Jersey Unreported; [2000/87].

1 count of: being drunk and disorderly (count 1)

1 count of: resisting police officers in execution of their duty (count 2)

1 count of: assault (count 3)

1 count of: assault (count 4)

Age: 20.

Plea: Guilty.

Details of Offence:

(Counts 1 and 2). On 15 ^th March 2003 the defendant was drunk in the area of the Weighbridge, swore repeatedly at Police Officers and when asked to move on, continued to be abusive and threatening. He was arrested, but pulled away from the arresting officer and eventually had to be restrained on the floor. These offences placed him in breach of a six month probation order, imposed by the Magistrate in November 2002 for similar offences, namely public order. Defendant had previously breached this November probation order in January 2003, when he had appeared in the Magistrate's Court, again for being drunk and disorderly and resisting arrest. The Magistrate fined him, but allowed the probation order to continue. He was barred from entering licensed premises. A Representation was brought in the Magistrate's Court on 17 ^th March, alleging breach of the November probation order, following charges having been put to him on 15 ^th March 2003. Defendant was remanded pending his further appearance on 31 ^st March 2003 for the preparation of updated social enquiry reports. However, before this date, on 28 ^th March 2003 the defendant committed two assaults whilst drunk and in the area of the Weighbridge. (Counts 3 and 4). He and a co-accused had been charged with grave and criminal assaults upon two males. Defendant and co-accused were acquitted at Assize trial, but defendant had offered Crown a guilty plea to common assault at the commencement of the Assize, which was not accepted by the Crown. (His plea had also been offered but refused in the Magistrate's Court.) Prosecution sentenced on basis of defendant's version, namely that he punched one of the males once in the face and punched the other male twice in the face with reasonable force.

Details of Mitigation:

Guilty plea, youth, remorse, had been excluded for 8 ¹/₂ months from licensed premises by the date of sentencing and under curfew.

Previous Convictions:

5 convictions involving 12 offences, almost all alcohol related.

Conclusions:

I year Probation Order with condition of treatment by Alcohol and Drug Service.

Exclusion Order from all licensed premises other than shops selling food for 6 months.

Sentence and Observations of Court:

I year Probation Order.

90 hours' Community Service Order (equivalent of 3 months' Youth Detention): 3...