A 51-YEAR-OLD man who kicked, punched, throttled and spat at a woman and told her that the violence was “her own fault” has been jailed for four years and three months.
The Royal Court heard that John Sebastian Nicolle had already served a year in prison for attacking the woman when he assaulted her again, on 25 June last year.
Nicolle appeared before the Superior Number of the Royal Court, which convenes for the most serious cases, after being convicted of grave and criminal assault at a trial in March.
Commissioner Michael Binnington said the Jurats believed he deserved a longer jail sentence than the three and a half years suggested by the prosecution, saying: “It is difficult to find any mitigation in this case.”
Crown Advocate Lauren Hallam told the court that Nicolle had coughed up phlegm and spat in the woman’s face. He then began kicking her and she curled up in a ball to protect herself.
He slapped her and choked her, making her fear he was going to kill her. She was left with abrasions and cuts to her neck, shoulders, arms and back.
The following day, the court heard, Nicolle asked the woman if he had hit her the previous night.
When she said he had, he replied: “Sorry, but it was your own fault.”
Crown Advocate Hallam added that Nicolle had consistently denied the offences – and so put the victim through the ordeal of having to give evidence in a trial.
The court also heard he had 31 previous convictions for violence, dishonesty, possessing drugs and breaching court orders, and was at high risk of reconviction.
Advocate Rui Tremoceiro, defending, argued any jail sentence should be no more than three years, saying Nicolle had had a number of “adverse childhood experiences”.
“There was exposure to addiction and bereavement. The toxic environment had a significant influence on how he perceived the world.”
But Mr Binnington told Nicolle: “This was a particularly nasty assault. The likelihood you will change for the better seems slim.”
The Jurats also imposed a restraining order barring him from having any direct or indirect contact with the woman for ten years.
The Jurats sitting were Jerry Ramsden, Robert Christensen, Elizabeth Dulake, Kim Averty and Gareth Hughes.
