Jersey Unreported Judgments

[2007]JRC076

ROYAL COURT

(Samedi Division)

30^th March 2007

Before     :

M. C. St. J. Birt, Esq., Deputy Bailiff, and Jurats Tibbo and Morgan.

The Attorney General

-v-

Sean Patrick O'Shea

Sentencing by the Inferior Number of the Royal Court following a guilty plea to the following charges:

1 count of:	Conduct likely to cause a breach of the peace.  (Count 1).
2 counts of:	Breaking and entry and larceny.  (Counts 2 and 3).
1 count of:	Receiving, hiding or withholding stolen property.  (Count 4).
1 count of:	Assault.  (Count 5).

Age:  26.

Plea: Guilty.

Details of Offence:

The Defendant entered an unoccupied private residence through an unlocked door, stole items and sold them to buy heroin.  He also entered restricted areas of the General Hospital and stole medication.  He was confronted by a male nurse and the Defendant grabbed the nurse in an attempt to escape and caused a scratch to his chest.  When arrested he was found to have a laptop on him which had been reported stolen.  He admitted receiving the same intending to sell it to buy heroin.

Details of Mitigation:

Guilty plea.  The breaking and entering of the private residence was based entirely upon the Defendant's admission.  Expressions of remorse.

Previous Convictions:

He had numerous previous convictions which can be summarised as follows: 7 offences of breaking and entry; 1 offence of robbery; 6 offences of larceny; 2 further offences of dishonesty; 8 offences of taking and driving away; 9 offences of no insurance; 8 offences of driving whilst disqualified; 2 offences of DIC; 13 public order offences; 1 offence of grave and criminal assault; 1 offence of possession of an offensive weapon.

He was sentenced on 27^th June 2006 by the Magistrate' Court to 3 months in custody suspended for 12 months for offences of: uttering, obstructing under the Misuse of Drugs (1) Law, 1978 and resisting the Police.

The current offences were committed during this suspension period.

Conclusions:

Count 1:	2 weeks' imprisonment.
Count 2:	3 years' imprisonment, concurrent.
Count 3:	3 years' imprisonment, concurrent.
Count 4:	12 months' imprisonment, concurrent.
Count 5:	2 month's imprisonment, concurrent.

Activation of the suspended sentence of 3 months.

Total: 3 years 3 months.

Sentence and Observations of Court:

The Court considered the breaking and entering of the private residence to be particularly serious but felt able to reduce the sentence slightly.

Count 1:	2 weeks' imprisonment.
Count 2:	2½ years' imprisonment, concurrent.
Count 3:	2½ years' imprisonment, concurrent.
Count 4:	12 months imprisonment, concurrent.
Count 5:	2 months' imprisonment, concurrent.

Suspended sentence of 3 months to be activated.

Total: 2 years 9 months.

S. E. Fitz, Crown Advocate.

Advocate J. S. Dickinson for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        O'Shea you are before the Court for two offences of breaking and entering, one of receiving, one of assault committed whilst you were trying to escape from the hospital and a very minor offence of breach of the peace.  One of the breaking and entering was at residential accommodation during the day, it was unoccupied, and the other was at the hospital.  These offences mean you are in breach of a suspended sentence which was imposed in June of last year.

2.        You have an appalling record including a number of previous offences of a similar nature and it is clear that, until you can overcome your drug dependency, the outlook is not promising.  We have listened carefully to what your Advocate has said, he has emphasised your guilty plea and the fact that you wrote your own Indictment in relation to Count 2.  He has emphasised your remorse and your determination to try and change your ways and we have considered very carefully the background report which has recommended probation, although accepting that this is a high risk course. 

3.        We have considered everything else your Advocate has said, but we have concluded there is no alternative to prison given the nature of these offences and the fact that you are under a suspended sentence.  The Court takes a particularly serious view of burglaries of residential accommodation.

4.        Nevertheless, despite certain aggravating features such as the fact there was more than one breaking and entering, your attempt to escape and your many previous offences of like nature, we do think we can reduce the three year period slightly.

5.        The sentence is as follows, on Count 1; 2 weeks, on Count 2; 2½ years, on Count 3; 2½ years, on Count 4; 1 year, on Count 5; 2 months.  All of those concurrent, so that makes 2½ years, but then we activate the suspended sentence and that must be consecutive so that is 2 years 9 months in all.

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