The Attorney General v James Alberto Lopes Veloso

• Jurisdiction: Jersey
• Court: Royal Court
• Judge: Sir Michael Birt,Jurats Blampied,Morgan
• Judgment Date: 06 July 2015
• Neutral Citation: [2015] JRC 152
• Date: 06 July 2015

[2015] JRC 152

ROYAL COURT

(Samedi)

Before:

Sir Michael Birt, Commissioner, and Jurats Blampied and Morgan.

The Attorney General

and

James Alberto Lopes Veloso

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

C. M. Fogarty for the Defendant.

Authorities

Criminal Justice (Young Offenders)(Jersey) Law 1994.

AG v Burrell and others [2003] JLR N 53.

AG -v- Burrell and others [2003] JRC 209.

AG v Richomme [2015] JRC 096.

AG v Heard [2012] JRC 132.

AG v De Carvalho and Richomme [2014] JRC 213A.

Whelan on Aspects of Sentencing in the Superior Court of Jersey 3rd Edition.

Inferior Number Sentencing — affray.

Sentencing by the Inferior Number of the Royal Court, following a guilty plea to the following charge:

1 count of: Affray (Count 1).

Age: 20.

Plea: Guilty.

Details of Offence:

The defendant, an immature young man who displayed the symptoms of Attention-Deficit/Hyperactivity Disorder (ADHD), was outside his house with his younger sister and three neighbours. The pair had been arguing and teasing each other when the defendant picked up a pair of scissors and chased his sister with them. According to witnesses he was holding them “like you hold a knife” and “as if he was going to stab someone”. The defendant chased his sister into her house saying “Die”. The defendant subsequently followed his sister outside again and shot her in the face from a distance of two to three metres with a small BB gun causing a welt on her chin. Although the Crown noted that this was a small scale spontaneous affray that took place mainly on private premises, the witnesses were shocked and frightened.

Details of Mitigation:

Youth; guilty plea; recent expressions of remorse (after initially fleeing the scene and being non-cooperative during police interview); low level of intellectual functioning and medical and mental health issues; references from family and friends.

Previous Convictions:

Two previous convictions for larceny and harassment of an ex-girlfriend; two convictions for driving offences in the Youth Court.

Conclusions:

Count 1: 12 months' youth detention.

Forfeiture and destruction of the BB gun sought.

Sentence and Observations of Court:

Although the defendant was assessed as being at a high risk of reoffending, the Court noted that he needed help and assistance and had the support of his family who had declined to support the prosecution.

Count 1: 180 hours' Community Service Order, equivalent to 18 months' imprisonment, together with an 18 month Probation Order.

Forfeiture and destruction of the BB gun ordered.

THE COMMISSIONER:

1 Now this must have been a very frightening experience for your sister and those who saw it. You chased her, holding scissors, and then you shot her on the chin with the BB gun causing her, not surprisingly, to cry. It is clear from the reports that for some time you have played down how serious these offences were and the effect that they would have had on those who saw it. We do hope that you now understand how badly you treated your sister and how it must have been such a frightening experience for her.

2 Normally for offences of affray, which is what you are...