Community service in "exceptional" glassing case

Saturday 05 February 2022

The Royal Court has made the rare decision to hand community service to a "vulnerable" 22-year-old with autism and ADHD who smashed a bottle on a teenager’s head, after hearing that his conditions led him to overreact to a threat.

Mr X - whom Express has chosen not to name due to the exceptional medical circumstances of the case – has been given 18 months to complete 240 hours of community service.

The sentence followed an incident in June 2021 during which X struck a 17-year-old boy with a bottle on the head after he called one of his friends a ‘b***’. 

Crown Advocate Lauren Hallam told Court the teenager had a cut to his earlobe but suffered no permanent injuries, although he had experienced migraines and anxiety about going out in public since the incident. He said he had been knocked out after the blow.

She said that since the incident, X had been diagnosed with autism and ADHD and had been prescribed antidepressants.

She recommended 312 hours of community service instead of a prison sentence due to X’s poor mental health.

Pictured: X appeared before the Royal Court facing one charge of grave and criminal assault.

Advocate David Steenson, who represented X, said his client accepted his actions were “unacceptable, over the top and excessive” and was sorry for “overreacting”.

He said the thrust of his mitigation didn’t intend to trivialise the incident but to show instead it had been “a spontaneous, non-premeditated action that was entirely out of character”. He said he hoped this would give the Court comfort that something like this would not happen again, as X had been “damaged by his own actions” and had learned his lesson.

He said X standing up to the victim was “an act of some bravery on his behalf” and that he must have been “shaking in his boots”, adding he might not have been “so brave” if he hadn’t been drinking, which he rarely did. “This was not a situation where, for no reason, Mr X lashed out on a random stranger.”

The lawyer said that, as a result of the conditions he has, X had overreacted when the victim said he would get his mates, as he was “genuinely afraid for his own safety” and “scared out of his wits”.

“He reacts differently because of his condition… What might be frightening for you is absolutely terrifying to him,” Advocate Steenson said.

Pictured: Advocate David Steenson was representing X.

Advocate Steenson described X as a “vulnerable young man”, who “spontaneously, foolishly lashed out when he felt threatened", arguing there was nothing in the many references provided on his behalf to show he was “someone who would have a violent nature”. 

One such letter described his as a “delightful young man with an exceptionally good character”, another as a “shy, gentle young man with impeccable manners” and another as a “shy child who has grown into an introverted young man with a strong sense of right and wrong”.

In what Advocate Steenson described as a “heartfelt, sincere and genuine” document, X’s father wrote that he and his wife had always known their son was different as he had been a “quiet child”.

The father said that, since the incident, X had become more withdrawn and had barely left his room. He said seeing a consultant psychiatrist, who suggested X got tested for autism and ADHD, had been brilliant for him.

He said X’s diagnosis had given him an understanding of his difficulties and described him as a “good person with excellent qualities and a high moral standard who made a one-off mistake, mitigated but not excused, by his underlying mental health issues”.

Advocate Steenson said the Crown had “got it right” in recommending a non-custodial sentence and encouraged the Court to follow the conclusions to allow X to continue his studies and receive support from Autism Jersey.

The case was heard by the Deputy Bailiff Robert MacRae, sitting with Jurats Jane Ronge and Dr Gareth Hughes. Handing down the Court’s sentence, the Deputy Bailiff reminded X that it was fortunate the victim had not suffered more serious injuries.

He noted that X’s diagnosis “may have contributed” to his offending on the night in question.

Pictured: The Deputy Bailiff Robert MacRae said the Court concluded there were “exceptional circumstances” in X's case.

He said the Court’s policy in such was “crystal clear” and that the use of a glass or a bottle leads to a prison sentence unless there are “exceptional circumstances”, which the Court concluded there was in X’s case.

He noted how X had been bullied at school “because of the way he presented” and how he struggled to fit in socially and communicate with others.

“You do not find socialising easy and for a variety of reasons,” the Deputy Bailiff said. “You impulsively reacted to a situation you found yourself in because you simply couldn’t cope, because of your poor impulse and motor control and your lack of understanding of social cues.”

He said the Court had decided to impose a community service order of 240 hours. He also ordered X to pay £850 in compensation to the victim as well as £1,000 towards the prosecution's costs within the next four weeks.

“We hope that you can put this behind you and continue with your studies and take advantage of the assistance you’ve been given by [the consultant psychiatrist] and others to ensure that, if you are ever confronted ted by situations that are even remotely similar to the one you faced last summer that you make different decisions.”