Time to act your age!

Friday 04 January 2019

One of Guernsey's Judges has told a 27-year-old man the time has come to act his age after she spared him another prison sentence, warning him it was his only chance to stop breaking the law.

Christopher Haimes faced Magistrate Cherry McMillan for sentencing yesterday, after she had found him guilty of using "threatening, abusive or insulting words or behaviour" against other people, which had left them in fear of being assaulted.

Haimes latest court appearance had stemmed from a chance meeting with an ex girlfriend near the Weighbridge Taxi Rank on 2 June last year. 

The pair made their way towards the shelter at the rank but something happened, which was caught on CCTV, showing Haimes then head butting the shelter itself. Two men intervened and Haimes was also seen on CCTV pulling his head back as if he was going to head butt one or both of the other men involved. 

Even though there were witnesses, including a police officer and a special constable who gave evidence in court during his trial, Haimes had denied the offence. Judge McMillan said he was "obviously guilty" of the charges against him, and that she had seen the CCTV footage multiple times before finding him guilty in November.

Now, she told Haimes that he had "knowingly or unconsciously" sought to deceive the court and that she could give him absolutely no credit for his not guilty plea.

Judge McMillan accepted that while probation reports were being drawn up ahead of Haimes being sentenced yesterday, he had come to realise it was an error to plead not guilty.

However, she said the only mitigation that had worked in his favour during his trial and subsequent sentencing was that she herself couldn't be sure whether Haimes had actually hit either victim when trying to head butt them and so she could only sentence him for threatening behaviour.

Pictured: Judge Cherry McMillan decided not to send Christopher Haimes back to prison - but warned him he faces a custodial sentence of some length if he ends up in court again. 

The probation report, which was written with Haimes, worked in his favour when he appeared for sentencing as Judge McMillan said she acknowledged that he did not want to go to prison and despite a number of aggravating factors she decided not to impose a prison sentence, on this occasion.

Judge McMillan said that this offence had been committed while Haimes was under the influence of alcohol, like his previous offences had been - which included assault, public order matters and drink driving. He had served previous prison sentences for some of those convictions.

Judge McMillan also told Haimes that the fact he had been with his ex partner had been an aggravating factor, as was the fact he had committed this latest offence at the taxi rank - which she said should be an "equilibrium" where taxi drivers can work "without fear of being exposed to this behaviour."

This was the third case to come before Guernsey's courts recently after an incident at the taxi rank, Judge McMillan said, and all of those offences were as a direct result of alcohol being consumed. 

Pictured: Taxi (file image).

Taking on board what was said in the probation report she'd been given, Judge McMillan decided not to give Haimes a prison sentence. Instead she said that she believed "the scales have fallen from your eyes" and that he now knows he can't consume alcohol.

She said "I'm giving you one chance" and "you're 27. The time has come to act your age."

With that she gave Haimes a 12 month probation order with conditions attached, which included a ban on drinking any alcohol at all, under any circumstances, along with an order to attend the services suggested by his probation worker. 

Judge McMillan asked; "I wonder whether the wool's been pulled over my eyes?" but said she recognises "there comes a point where people are ready to receive the help available to them on this island."

"I'm told you're at that point," she said to Haimes, and "the entire burden is on your shoulders."

Haimes took an oath to be on good behaviour for one year, before Judge McMillan again warned him he faces a custodial sentence "of some length" if he breaches that order. 

"I'm giving you an opportunity to prove my scepticism wrong," she said before allowing Haimes to leave the court.

Pictured top: The Weighbridge Taxi Rank, which has been the scene of at least three incidents in recent months which have ended up as court cases, according to Magistrate Cherry McMillan.