Jersey Unreported Judgments

[2003]JRC023

ROYAL COURT

(Samedi Division)

 

31^st January 2003

 

 

The Attorney General

-v-

Lee Lewis Le Lai

 

5 counts of:	Breaking and entering and larceny (Counts 1, 2, 3, 4, and 8).
1 count of:	Taking motor vehicle without owner's consent, contrary to Article 28 (1) of the Road Traffic (Jersey) Law 1956 (Count 5).
1 count of:	Driving without a licence, contrary to Article 3 (1) of the Road Traffic (Jersey) Law 1956, as amended (Count 6).
1 count of:	Using a motor vehicle uninsured, contrary to Article 2(1) of the Motor Traffic (Third Party Insurance) (Jersey) Law 1948 (Count 7).

 

 

Age:     24.

 

Plea:    Guilty

 

Details of Offence:

Counts 1, 2, 3, 4 all involved breaking into private properties during the day time and stealing goods or cash in order to feed the defendant's heroin habit. Count 5 - defendant stole motor vehicle belonging to his ex-girlfriend without her consent whilst he did not have driving licence or any insurance.  Count 8 - broke into his mother's home by breaking the kitchen window and then stealing various items from the lodger's room.

 

Details of Mitigation:

Fully co-operative at interview.  Admitted he was stealing money and goods to feed his heroin addiction.  Pleaded guilty.  Social Enquiry Report suggested probation subject to conditions.  Alcohol and Drug report recommended treatment order.  Had served equivalent 4 months 25 days sentence on remand in custody.

 

Previous Convictions:

2001 possession of cannabis, supplying cannabis and possession of heroin (probation order); 2000 breaking and entry with intent conduct likely (bound over).

 

Conclusions:

 

Count 1:	12 months' imprisonment.
Count 2:	12 months' imprisonment.
Count 3:	12 months' imprisonment.
Count 4:	12 months' imprisonment.
Count 5:	3 months' imprisonment; 6 months' disqualification from driving.
Count 6:	£100 fine or 1 week's imprisonment in default of payment.
Count 7	3 months' imprisonment; 6 months' disqualification from driving.
Count8:	12 months' imprisonment, all concurrent.

 

Sentence and Observations of Court:

 

12 months' Probation Order.

 

 

Mrs S. Sharpe, Crown Advocate.

Advocate C.M. Fogarty for the Defendant.

 

 

 

JUDGMENT

 

THE BAILIFF:

1.        As the Crown Advocate has rightly said breaking and entering private houses, and in particular making a mess of private houses when you break into them is a very serious offence, and there is no doubt in the mind of the Court that you deserve to go to prison.  In particular, breaking into your mother's house was a very unpleasant thing to do.

2.        On the other hand, we have listened very carefully to what your advocate has said.  We note that you have spent nearly 5 months in custody on remand.  You have responded to probation supervision in the past, and you understand that the non-custodial package which has been put to the Court by your advocate is in no sense a "soft option". 

3.        We think that it is in your interests and indeed in the interests of the community that you should be given the opportunity to prove that you can keep away from drugs and to make something worthwhile of your life.  So we are going to take the unusual step, in these circumstances, of imposing a non-custodial sentence. We hope that you will take advantage of it and that we will not see you in this Court again. 

4.        We are going to place you on probation for a period of 12 months subject to the usual conditions that you live and work as directed by your Probation Officer, that you be of good behaviour during that time, and of course, if you are not of good behaviour you will be liable to be brought back here and sentenced again for these offences.  It is also a condition that you should attend the Alcohol and Drugs Service, and remain abstinent from all non prescribed drugs, submit to random urine testing and generally to comply with the treatment of the Alcohol and Drugs Service.

Authorities

A.G. -v- Bendell (22^nd February 2001) Jersey Unreported; [2001/49].

A.G. -v- A and H (11^th February, 2000) Jersey Unreported; [2000/26].

A.G. -v- McMillan, Harris, Roque (28^th April, 1999) Jersey Unreported [1999/74].

Whelan: Aspects of Sentencing in the Superior Courts of Jersey (1st Ed'n): pp.64-65.