Fine for disorderly behaviour

Monday 12 August 2019

A 21-year-old left the Magistrate's Court with just a hefty fine last week, after he appeared facing charges of disorderly conduct, resisting arrest, and criminal damage.

Max Simpson-Cohen was given a £1,600 fine and also ordered to pay £550 in compensation - and he was remanded in custody until those were paid.

The Court heard how on the evening of the 20 June, he was at the North Plantation when Guernsey Police were called to an incident outside Folies nightclub. Officers' body worn camera footage showed how Simpson-Cohen was shouting at the Police officers and taunting them while they were speaking to the bouncer. The officer wearing the camera repeatedly asked the defendant to "go away".

Simpson-Cohen was getting in the face of police officers outside of Follies Nightclub. 

Eventually, the 21-year-old started to walk away from the crowd, but the camera footage then showed him turn around and return. One of the officers confronted him about this, before Simpson-Cohen grabbed their arm and then tried to run away. 

"You have an arrogant streak in your personality." - Judge Graeme McKerrell. 

He was pursued and taken to the ground, which left one of the officers on their back. The defendant took this opportunity to jump on them.

He was then restrained, and started shouting how the situation was "so f****** funny", even though Police had already asked him to stop swearing. While they were arresting him, the defendant continued to taunt the police officers. He made comments such as: "it is not my fault that you have no f****** qualifications, and that is why you're a policeman", and "do you even have any GSCEs'.

While the defendant avoided prison on this occasion, he did spend the weekend in Les Nicolles after he was arrested for criminal damage. 

Simpson-Cohen spent the rest of the night in custody, and during an interview the following morning, he continued to taunt officers, making similar comments.

After that, he was bailed so charges could be put together. but just over a week later, the defendant committed more offences. On the 29 June, he turned up at St Julian's Hostel where he was staying in a room with two others. A staff member saw him trying to climb through a window while drunk, and told him he had to leave. 

Simpson-Cohen convinced the person to let him get his stuff from his room, but when in his room, he smashed his roommates' TV and laptop, valued at a total of £550. The Police were called and he was arrested again. 

This time, the 21-year-old said he had done it because his roommates spent "all of their time playing video games" while he was "out working". He said he was doing them "a favour". 

Simpson-Cohen was remanded in custody until the fines were paid on Thursday. 

Speaking on his behalf, Advocate Sam Steel told the Court how his client had a previously clean character. He described how since returning from university at Christmas time, the defendant's mental health had collapsed, and he had been diagnosed with anxiety, depression, and body dysmorphia, while becoming aggressive and erratic.

He had also, the Court heard, become dependant on alcohol, despite being on anti-depressants which he was not supposed to take with alcohol.

Advocate Steel said Simpson-Cohen had been blaming everyone else for his problems, but was now planning on returning to university for his final year, which he planned to self fund with a job working at a Town restaurant. 

In sentencing, Judge Graeme McKerrell concluded: "this is your first, albeit significant, encounter with the law. If you were going to blow it, you have blown it big time.

"One of things I noted from the probation report was the reasoning for your behaviour was you being critical of others in St Julians'. You have an arrogant streak in your personality.

"Officers of the Police should not have to face obnoxious behaviour such as yours. You have something of an attitude problem."

In total, Judge McKerrell fined Simpson-Cohen £250 for the disorderly behaviour, £750 for resisting arrest, and £300 for each of the criminal damage counts. He also ordered that £550 be paid in compensation to his former roommates.  

Pictured top: Follies Nightclub alongside Guernsey's Court Building.