Inferior Number Sentencing – assault – driving under the
influence.
[2014]JRC067
Royal Court
(Samedi)
14 March 2014
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Before :
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W. J. Bailhache, Q.C., Deputy Bailiff, and
Jurats Le Cornu and Liston.
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The Attorney General
-v-
Ricardo Miguel Goncalves Rebelo
Sentencing by the Inferior
Number of the Royal Court following guilty pleas to the following charges:
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3 counts of:
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Assault (Counts 3-5).
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1 count of:
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Driving whilst under the influence of drink
or drugs, contrary to Article 27(1) of the Road Traffic (Jersey) Law 1956
(Count 6).
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Age: 29.
Plea: Guilty.
Details of Offence:
There was an agreed basis of
sentence for the assault charges.
During the course of a relationship Mr Rebolo assaulted his partner
three times. On the first occasion,
during the course of an argument she said “go
on slap me” and he did.
She was pregnant at the time.
On the second occasion, he grabbed the handbag she had over her shoulder
and pulled her towards him. On the third occasion he grabbed hold of her
shoulders during the course of an argument.
The case was in Royal Court because
there had been two grave and criminal assault charges as well Counts 1 and 2),
which had gone as far as the first day of an Assize trial. The victim however indicated that she
would not give evidence and the two grave and criminal assault charges were
dropped.
In relation to the driving offence,
which had been committed whilst on bail for the other charges, Mr Rebolo was
seen by police driving erratically (mounting the pavement, driving too quickly
then failing to move after traffic lights turned green). He was stopped and appeared to be under
the influence of drink or drugs. He
was taken to the police station where he failed the usual impairment tests and
blood tests revealed that he had methyl one is his blood.
Details of Mitigation:
Guilty pleas. Mr Rebolo had served the equivalent of 6
months and 27 days whilst on remand for the grave and criminal assault
charges. Mr Rebolo did not want to
resume the relationship with his partner, although she had given birth to his
second child the day before sentencing.
Previous Convictions:
None.
Conclusions:
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Count 3:
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4 months’ imprisonment.
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Count 4:
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1 month’s imprisonment,
consecutive.
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Count 5:
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1 month’s imprisonment, consecutive.
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Count 6:
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1 month’s imprisonment, consecutive
and 15 months’ disqualification from driving.
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Total: 7 months’
imprisonment and 15 months’ disqualification from driving.
Sentence and Observations of Court:
The Court observed
that it was evident that Mr Rebelo had issues that needed to be addressed by Mr
Rebelo would not cooperate with probation.
Conclusions granted.
Ms. R. C. L. Morley-Kirk, Crown Advocate.
Advocate A. Harrison for the Defendant.
JUDGMENT
THE DEPUTY BAILIFF:
1.
You have
been brought before this Court on an Indictment which originally included six
counts, including two counts of grave and criminal assault. Those two counts have been dismissed and
so you are left only facing sentenced for three counts of assault and one count
of driving whilst under the influence of drugs.
2.
Even on
the cases of assault, and even on the limited facts which have been put before
us, it is apparent to this Court that you have a problem in relation to the use
of violence within your relationship and the Court thinks that it would have
been extremely helpful if you had agreed to be placed on probation in order
that you could have had some assistance to tackle this problem for the
future. It is possible, and no
doubt if you speak to the probation office they will be able to tell you the
extent to which it is possible, but it is generally possible for volunteers to
go on courses to assist them with domestic violence difficulties and we would
recommend that you consider that and make an appropriate approach to the
probation office, who I am sure would try and accommodate you if they possibly
can.
3.
The
sentences which we are going to pass are those which the Crown has proposed. They reflect the offences which you have
actually committed, but as I say that leaves the Court with the slightly
uncomfortable conclusion that a more constructive sentence than custody might
have helped you for the future and we want you to understand that.
4.
In the
circumstances you are sentenced on Count 3 to 4 months’ imprisonment,
Count 4 to 1 month’s imprisonment, consecutive; Count 5 to 1
month’s imprisonment, consecutive; and Count 6 to 1 month’s
imprisonment, consecutive, with 15 months’ disqualification from
driving. That makes a total of 7 months’
imprisonment and 15 months’ disqualification. In practice, as we are told by the Crown
Advocate, that means that given the time that you have served already in
custody you will be released today.
Authorities
AG-v-Barwise
[2009] JRC 182.
AG-v-Horn
[2010] JRC 104.