THE DEPUTY BAILIFF: In the case of Evans -v- Attorney General, (9 th May, 1997) Jersey Unreported CofA, the Court of Appeal approved guidelines for sentencing in grave and criminal assault cases. The starting point is to be selected from within a band which will normally, but not invariably, range from 3 to 5 years, thereafter mitigation is to be applied to that starting point figure to yield a sentence. The Court is of course bound by these guidelines unless we can find a strong reason to impose an individualised sentence.
It was put in the same way Attorney Generals Reference Nos: 3 and 4 of 1996, (Alan Anthony Healy and Robert William Taylor):(1997) 1 Cr. App. R (S) 29:
"Consistent sentencing is an important principle. If there were serious inconsistencies in sentencing there would be injustice as between defendants, and the public would lose confidence in sentencing policy. A Judge passing sentence must consider each case individually, but he must not depart from the guidelines laid down by the Court of Appeal unless there are good reasons for doing so. A sentencer must not simply indulge his own personal views when sentencing".
We have therefore to have all those matters very clearly in our minds when examining all the matters that Mr Messervy has most carefully put before us.
This was a disgraceful episode brought about by a man who went out on a binge. He had had about 12 pints of lager, and about 6 vodkas, when this totally unwarranted glassing occurred on an innocent member of the public - and the fact that he was so drunk is no defence whatsoever. However, Mr Messervy has pointed out to us various matters which, he says, are unusual. We agree with him that the bad record has nothing of this kind of violence in it; he has shown total remorse, and within days of this assault he was attending at the Alcohol and Drugs Service of his own volition, and he has also spent time at the Prescription for Health Scheme which is a GP or Specialist referral scheme.
He is highly spoken of by his employers and has voluntarily drafted an appendix to his employment contract which will mean instant dismissal if he drinks again. These are mitigating factors, but particularly cogent are the matters contained in the excellently detailed probation report.
We have weighed everything in the balance and the Court will not in fact impose a prison sentence. I think you may consider yourself extremely fortunate. We are going to sentence you to probation for 12 months: you are to carry out 240 hours of community service within that time, and a compensation order of £500 is to be paid to the Viscount within 2 weeks or 1 month imprisonment in lieu.
Authorities
A.G -v- Norris (3 June 1992) Jersey Unreported
A.G -v- Taylor (24 July 1994) Jersey Unreported
A.G -v- Howell (5 June 1998) Jersey Unreported
A.G -v- Hunt ( 24 February 1989) Jersey Unreported
A.G -v- O’ Brien, Gourlay (11 October 1996) Jersey Unreported
A.G -v- Ewing (24 October 1997) Jersey Unreported
Attorney General’s Reference, Nos: 3 & 4 of 1996:
(Alan Anthony Healey and Robert William Taylor) [1997] 1 Cr App. R. (S) 29