Court takes "unusual course" in assault case

Thursday 29 April 2021

A 43-year-old man has narrowly avoided jail after the Court took an "unusual course" and departed from its policy by sentencing him to 180 hours of community service.

Christopher John Adams appeared before the Royal Court facing one count of grave and criminal assault, which he had admitted, after he bit a woman's finger and grabbed her around the neck following a "drunken argument."

Summing up the facts for the prosecution in Court on Thursday, Crown Advocate Chris Baglin said that on the night of the incident, in late 2020, Adams and one of his friends, were in the woman’s home with one of her friends.

All four were drinking and Adams became loud and raised his voice. The woman, who was concerned about her neighbours reporting her, asked him to be quiet. His friend then called her a “whore” and a “prostitute” and the woman asked both to leave her flat about five times, but they refused. She then grabbed Adams’s jacket and shirt, and he took her wrist, pulled it towards his mouth, and bit her finger, causing it to bleed.

The Court heard that the woman called the police, telling them Adams and his friend were refusing to leave. After the call, Adams stood up to leave, but the woman locked the door and told him "No, you’re waiting here mate, I want you escorted off my property.” She later told police she did this as she wanted an official record of Adams leaving, in case she had been reported by her neighbours.

The court heard that Adams called the woman a whore, and she pushed him in the shoulder with one hand before grabbing his neck with both hands, at which point Adams grabbed her around the throat with one hand. 

When officers arrived, the woman initially refused to make a complaint and Adams, who said he didn’t want to cause any issues, was allowed to leave. 20 minutes later, the woman called 999 again to report the assault, saying she had been fearful of the defendant and his friend.

Adams admitted he had bit the woman’s finger “in retaliation and in self-defence” to get her off him when she grabbed him, but denied any knowledge of the injuries to her cheek and neck. 

He said the victim had become “angry and defensive” as people were picking on her and had “taken it out” on him.

Crown Advocate Baglin described the incident as the result of “a drunken argument between the defendant and the victim”, whom he said had suffered numerous marks and bruises, but no long-term injuries.

He told the court that Adams had five previous convictions including two for offences for violence from 20 years ago.

He recommended a 15-month prison sentence as well as five-year restraining order. He also suggested Adams pay the victim £500 in compensation for her pain and suffering. 

Pictured: Advocate Francesca Pinel was defending Adams.

Defending, Advocate Francesca Pinel urged the Court to impose a community service order as an alternative to the “excessive” sentence sought by the Crown, as well as a 12-month probation order, as recommended by the probation service.

She said her client had accepted responsibility for his actions and acknowledged he should have left as soon as the argument had started.

She described the incident as a “low level assault following provocation from the complainant who refused to let him leave”, explaining Adams had bitten the woman to get her to release her grip on him.

The defence lawyer went on to say Adams had been cooperative with the police at the time of the incident, as well as in interview and had complied with restrictive bail conditions, which included a curfew and an electronic tag, for over five months. 

She said that Adams had not only expressed remorse for his actions but also embarrassment, having told the author of a Social Enquiry Report he had behaved stupidly.

The Court heard that Adams was a trained chef, who has been working in hospitality for 27 years, and that his current employer had provided two references for him, describing him as a “positive, hard-working and reliable person."

Advocate Pinel urged the Court to take the victim’s impact statement with caution, stating she was seeking to blame Adams for many issues that he “clearly” wasn’t responsible for and with no evidence to support her claims.

She suggested the restraining order should only last for two years as there was no evidence Adams would harass the woman and that it was very unlikely the “specific set of circumstances” that led to the incident would be repeated.

Pictured: The Deputy Bailiff, Robert MacRae, heard the case with Jurats Jane Ronge and Robert Christensen.

The Deputy Bailiff, Robert MacRae, who was sitting with Jurats Jane Ronge and Robert Christensen, said the woman had been vulnerable at the time as she was drunk, suffering from pneumonia, and in her own home.

 “You couldn’t complain at all if you went to prison today and the Crown was quite right to recommend this sentence,” he said, before adding that due to the “unusual facts” in the case the Court had agreed to take an “unusual course” and depart from its policy.

He sentenced Adams to 180 hours of community service and imposed a 12-month probation order, during which Adams will be required to attend courses including the Jersey Domestic Abuse Program to examine his “attitudes and change his thinking about relationships”

He also imposed a five-year restraining order and ordered Adams to pay the victim £250.