A MAN who grabbed a woman by the throat and throttled her – making her fear she was going to die – has been jailed for a year.
Johann Michael Smith (41) attacked the woman in her home during an argument after they had been out drinking on the night of 23 February, the Royal Court heard.
He pushed her to the ground, straddled her and put his hands around her neck, throttling her, the Royal Court heard yesterday.
Crown Advocate Lauren Hallam, prosecuting, said: ‘She said “I thought he was going to kill me”.’
The advocate said the pair had been drinking in various bars in the town centre and Smith had become angry when the woman spoke to other men, calling her ‘a slag’, before attacking her.
She left her home and as her mobile phone was not working she walked to the States police headquarters, arriving there at 3am. A doctor who examined her found multiple bruises and abrasions to her neck.
At 4pm the following day Smith was arrested. He was found to have marks on his face that appeared to have been caused by scratching.
When Smith appeared in the Magistrate’s Court on 27 February he pleaded not guilty to grave and criminal assault, only changing his plea on 20 April. Advocate Hallam argued that he therefore did not deserve a discount in his sentence for admitting the offence.
He was assessed as at low to medium-risk of reoffending. The advocate recommended a jail sentence of 12 months.
However Advocate Olaf Blakeley, defending, said his client should be granted the full one-third discount for pleading guilty.
He said that Smith had entered a not-guilty plea at his first appearance because he had not obtained legal aid at that stage and had been unrepresented.
Advocate Blakeley 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, the Bailiff, Sir Timothy Le Cocq, said the Jurats had agreed with the prosecution’s 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 Jurats presiding were Elizabeth Dulake and David Le Heuzé.
