Prison for man who tried to saw woman's hair with butter knife

Friday 18 August 2017

A 49-year-old man has been sentenced to 30 months in prison by the Royal Court after he committed a series of assaults on a woman over the course of two days, which included trying to saw her hair off with a butter knife.

Andrew Sean Duffy was facing two counts of common assault, one of grave and criminal assault and one of affray.

The incident occurred during the night between the 21 to 22 April 2017 at the victim's house. Duffy, who had been drinking throughout the day, first stamped on the woman's toes causing her to limp. 

The following morning, Duffy hit the woman several times in the arms, leaving her shaking and crying. After leaving the house for a few hours, he returned and kicked the door wide open after the victim started to open it in the fear that he would kick it in. He then punched the woman to the back of her head and kicked her in the buttocks, causing her to fall twice. He punched her several times to the head, in the arms, the back and the kidneys. He then grabbed her hair, pulled her down by it to bring her onto the work surface and tried to saw her hair off with a butter knife.

The victim, who had been screaming throughout, then ran outside to alert her closest neighbours. A 16-year-old boy described her as "petrified" and said he heard her scream "He's going to kill me!" The boy let her in the house and then called 999. 

Three police officers attended the scene. One of them kept her hand on her PAVA spray as she felt that, given his size, Duffy was a threat and knew he had the potential to be violent. Duffy shouted and swore at the officers and went back in the house. He then shot out in the hallway with knives in his hands, smashing the blades together aggressively. As the officers retreated outside, Duffy followed them, pointing the knives at them and shouting "I am going to kill you."

After threatening one of the officers who had retreated to the police car, Duffy took one of the knives to his throat as if he was going to cut himself. He then threatened to kill all three officers before raising both his hands in the air and saying he had come to his senses. He then dropped the knives and went to the ground when one of the officers asked him to do so. After being arrested, he apologised to the officers.

In his interview, Duffy described himself as an alcoholic and blamed his actions on alcohol and anti-depressants. He admitted to drinking up to seven cans of lager as well as half a bottle of wine the day of the incident.

Prosecuting, Crown Advocate Emma Hollywood said that alcohol had been an aggravating factor in the assault and called Duffy's actions deliberate. She added that even though the assault did not cause any permanent physical injury, it was a serious one that should be met with a custodial sentence. She also recommended for Duffy to be excluded from licensed premises and for a restraining order to be imposed.

Duffy's advocate, Jeremy Heywood, said his client recognised his actions were unacceptable and that he apologised for any pain, emotional or physical, and any embarrassment he may have caused. He added that Duffy was mortified by his actions and had nothing but admiration and respect for police officers. He however said that Duffy denied trying to saw the victim's hair off.

He explained that Duffy, having no work or family in Jersey, felt lonely and isolated which increased his susceptibility to alcohol. He however added that the Court should take comfort in the thought that Duffy had taken steps to resolve his issue with alcohol misuse saying he had actively sought help. "It is the first time he has addressed the underlying emotional difficulties that he seeks to override by turning to alcohol," said Advocate Heywood.

He urged the court to consider a community service order saying: "It wouldn’t be a cop out, it wouldn’t be letting him off. Criminal justice is not just about punishment it is also about rehabilitation. This is precisely the case where community service can be used to address issues and give him the support he needs."

He concluded by saying Duffy had experienced the shamed of going to prison, having spent 117 days in custody, and that he had resorted to turn his life around in order to never find himself in the same situation again.

The Deputy Bailiff, who was sitting with Jurats Jane Ronge and Charles Blampied, said the Court took such incidents very seriously and noted the difficulties faced by Duffy. He said: "We understand there is another side to your character that shows when you are not under the influence of alcohol."

He however continued saying that the public must be protected from violent incidents and that offences must receive an appropriate sentence. He therefore sentenced Duffy to 30 months in prison, including 15 months for the grave and criminal assault. He also handed him an exclusion order from licensed premises, valid for 12 months from the date of his release as well as a five-year restraining order.