Inferior Number Sentencing – common assault.

[2015]JRC069

Royal Court

(Samedi)

10 April 2015

The Attorney General

-v-

Carlos Luis Fernandes Elvas

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

Age:  54.

Plea: Guilty.

Details of Offence:

The defendant and his wife (the victim) had been in a relationship for about 30 years.  In the months before the assault the marriage had been under strain due to the victim’s belief that the defendant had been unfaithful.  On the day of the assault the defendant and the victim argued over a number of hours.  This led to a physical altercation during which the parties grappled and both sustained minor injuries.  Shortly after this, the defendant punched the victim once to the face, causing a nose bleed and swelling and bruising to her left eye.  She also sustained a number of small bruises. 

In interview, the defendant admitted the struggle with the victim, but denied punching her.  He said that he slapped her using both hands at once. 

Details of Mitigation:

The Crown:

Guilty plea; the Crown disregarded his previous convictions, expressions of remorse in Social Enquiry Report (though these were equivocal), low risk of general reoffending (but moderate risk of further domestic violence). 

The Defence:

Urged probation or a financial penalty, the assault was not unprovoked, he also sustained injuries, submitted remorse was genuine, wider family was supportive without condoning his actions, excellent work record.

Previous Convictions:

Four, all motoring offences.

Conclusions:

Sentence and Observations of Court:

Mrs E. L. Hollywood, Crown Advocate.

Advocate A. M. Harrison for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        You are here to be sentenced on one count of common assault, to which you pleaded guilty on 6^th February, 2015.  The victim of this assault was your wife who sustained, during the course of a domestic argument which took place over a period in your home, at your hands, a number of injuries including fairly extensive bruising and a black eye as a result of a single punch that you delivered to her left eye. 

2.        The Court appreciates that there was a context to this argument and that it was not entirely one-sided.  However, domestic violence is viewed by the Court as serious.  A woman is entitled to feel safe in her own home and, although the case of AG-v-Horn [2010] JRC 104 was more serious the Court repeats what the Royal Court said in that case:-

“…domestic violence is similarly a crime which will be treated severely.  A person’s home, however big or small it is, is their refuge and if the person with whom the home is shared uses violence the victim suffers a double violation; a violation by a person that they have trusted and a violation in their own home.  People who commit these offences can expect the court to focus on the victims and not on their hardships and on their difficulties.”

3.        The Court recognises that you have significant mitigation available to you.  You have pleaded guilty, on what was close to the earliest opportunity, and have thereby minimised the stress on your wife.  Furthermore you are otherwise of generally good character and the previous convictions that you have are irrelevant for these purposes.  It is clear that you are a hard working individual and you have expressed remorse, which we note, although we also note that you do not, according to the social enquiry report, appear to accept the full responsibility for the violence that you inflicted. 

4.        We have considered your wife’s statement and it is clear that the effect on her has been profound.  We have also read with care the references and other documents handed up by your counsel who has said everything that could be said on your behalf.  We are not, however, persuaded that a financial penalty would suffice in this case. 

5.        Accordingly you are sentenced to 120 hours’ Community Service Order, equivalent to a sentence of 6 months’ imprisonment, together with a Probation Order for a period of 12 months.  You must make contact with the Probation Service in Court and you must comply with all of their directions, including attending any courses or programmes that they direct.  If you do not do what the Probation Service directs you to do then you may be back before this Court for sentencing. 

6.        The Crown does not recommend deportation and, for the reasons advanced, neither do we. 

Authorities

AG-v-Horn [2010] JRC 104.

Harrison v AG [2004] JLR 111.

AG v Martins [2015] JRC 016.

AG v Le Lay [2014] JRC 041.

AG v Barwise [2009] JRC 182.