Royal Court

Johann Michael Smith had attacked the woman in her own home during an argument after they had out been drinking, the Royal Court heard.

He pushed her to the ground, straddled her and then put his hands around her neck, throttling her.

Crown Advocate Lauren Hallam, prosecuting, told the court: “She said: ‘I thought he was going to kill me.'”

Smith and the woman had been drinking in various bars on the night of 23 February, and Smith had become angry when she spoke to other men. He called her “a slag”, before attacking her.

Afterwards she walked to police headquarters, reaching the station at 03:00. A doctor who examined her there found multiple bruises and abrasions to her neck.

At 16:00 the following day, Smith was arrested. He was found to have marks on his face apparently caused by scratching.

Smith pleaded not guilty to grave and criminal assault when he appeared in the Magistrate’s Court on 27 February, only changing his plea to guilty of the offence on 20 April.

Advocate Hallam argued that he therefore did not deserve the discount in his sentence granted to those who plead guilty early.

Smith was assessed as at low to medium risk of re-offending. The Crown Advocate recommended a jail sentence of 12 months.

However Advocate Olaf Blakeley, defending, said Smith should be granted the full one-third discount for pleading guilty.

He explained that Smith had entered a not guilty plea at his first appearance because he had not obtained legal aid at that stage.

He added: “He is shocked by this. He has never been in trouble before. He doesn’t even remember the events of that evening. This was a one-off event.

“In my submission 12 months is probably excessive, and the court should be looking at a custodial sentence of ten months.”

However Bailiff Sir Timothy Le Cocq said the Jurats agreed with the prosecution recommendation.

He told Smith: “This happened in her home, where she was entitled to feel safe. You say that you cannot recall the assault. The injury could have been worse.”

The other Jurats presiding were Elizabeth Du Lake and David Le Heuze.

SUPPORT…

Islanders affected by any of the issues raised in this report can contact any of the following:

SARC at Dewberry House provides expert independent and confidential support to victims of sexual abuse. Tel: 01534 888222. 

Jersey Action Against Rape (JAAR) provide and maintain a supporting framework for survivors and their families. Confidential helpline: 01534 482800.

Jersey Women’s Refuge offer help and support for victims of domestic abuse. Tel: 0800 7356836.

Victim Support offer free and confidential advice to victims of crime. Tel: 01534 440496. 

Victims First Jersey is a free and independent service offering confidential support to victims and witnesses of crime. Tel: 0800 7351612. 

Samaritans offer a confidential and non-judgemental listening ear to people who need to talk. Tel: 116 123 free from any phone or 0330 094 5717 (local call charges apply).