Lengthy youth detention sentence for 20-year-old

Monday 19 July 2021

A teenager encouraged a co-defendant to "batter" a man who had offended them before joining in herself with the violent assault.

Louise Gilbert, who was 19 at the time, was sentenced to two years, nine months in prison for assault; being knowingly involved in the supply of cannabis; and for refusing to provide the pin code to her phone during a police investigation.

On 11 April 2020, police were called to Gilbert's property following reports that she was hosting a party there at a time when there were still covid restrictions on indoor gatherings. Officers turned up and looked through a lounge window to see a group of people with what appeared to be a home made bong.

After knocking at the door, nobody answered, however the music being played was lowered in volume and police saw the group disperse to separate rooms.

During a search of the property, police found two blocks of cannabis in cling film weighing a total of 133.66g in a bedroom drawer. 

Gilbert said the cannabis did not belong to her but to someone she had lived with.

She contested that she did not have access to that drawer and pleaded not guilty to the charge of being knowingly involved in the supply of the Class B drug.

In the trial, phone conversations of Gilbert's to an inmate at Guernsey Prison were provided as evidence. The other person told her not to give the pin code to her phone as “you will get less for not giving it”, before suggesting to Gilbert that she say the cannabis “had been left there by someone unknown”.

Ultimately, she was found guilty at trial, although the verdict was not unanimous - by 7 votes to 2. 

The bong was found to contain a mixture of tobacco and cannabis and Gilbert was further charged for possession and permitting others to smoke the Class B drug on her property. 

Pictured: A telephone conversation was used as evidence against Gilbert in her trial. The other person suggested that Gilbert decline to provide her pin code, which she received a nine-month prison sentence for, instead of granting investigators access to her messages. 

On 29 May 2020, just days after she fell foul of the RIPL Laws, Gilbert, Darren Rouget, 33, who has already been sentenced to two years in prison, and an accomplice went round to a man's house at around 23:00 following messages that Rouget received from the man. 

Once inside the property, Rouget grabbed the complainant by his jumper and walked him into the kitchen.

He cornered the victim and then picked up a knife, which had been left out on a kitchen counter. He held the knife towards the victim's throat and said, "I'll end you," before dropping the weapon and punching him multiple times in the head.

Gilbert could be heard shouting, encouraging Rouget to "hit him harder." Captured on film by the other man, who was recording the assault, Gilbert was then heard to say "batter the sh*t out of him", before adding "let me have a go". Rouget moved out of the way while the female punched the victim to the head numerous times.

Rouget punched the victim a few more times, before neighbours entered the property and told the group to leave.

During a police interview without a lawyer, Gilbert said she had been drinking with her friends and family before getting a message from Rouget.

They met at a supermarket and she found that Rouget was going “mad and mental” about messages he had received from the man, so they went round to his house with the intention of talking to the man, before the situation escalated. 

When shown the footage, Gilbert questioned whether it was her and said that she “did not remember” behaving like that. 

Her Advocate Paul Lockwood said that chaos has characterised Gilbert’s young life. She did not have an easy start to life and was in "self-destruct mode" and a state of “considerable desperation” at the time of the assault, because of personal news she had just received. 

For the last year, her Defence Advocate said Gilbert has been able to "maintain her life on an even and, crucially, sober keel".

Pictured: Gilbert was sentenced to two years and nine months in youth detention. 

It was pointed out that the Probation Officer had not recommended immediate custody, which should by law only be used as a "last resort" for defendants under the age of 21. 

However, following a lengthy discussion, Judge Catherine Fooks delivered the Jurats' verdict that doing so would be “setting you up to fail”. They cited Gilbert's poor attendance of probation meetings to date and what the Court viewed as a lack of insight into and responsibility for her actions. 

“Immediate imprisonment is the last resort for a young person, but it is unavoidable in your case," said Judge Fooks. 

The Jurats had arrived at the view, having viewed the footage, that Gilbert was the "driving force behind the horrible attack" and that she "appeared to be enjoying it" at the time.

It was noted that there was an "element of coercion" with regards to the supply offence, but that the RIPL charge had been “calculated” and deliberate to withhold information. 

"Now is the time to sort yourself out," said Judge Fooks to Gilbert, 20, as she sat in the dock. "You need to accept responsibility for what you have done and take the help offered to change your life.”

Gilbert was sentenced to one year in youth detention for the assault, one year consecutive for her involvement in the supply charge, two months concurrent for permitting the smoking of cannabis at her property, plus nine months consecutive for the RIPL offence. 

In total, she was sentenced to two years, nine months imprisonment for the series of offences.