Jersey Unreported Judgments

[2011]JRC195

Royal Court

(Samedi)

5 October 2011

Before     :

W. J. Bailhache, Q.C., Deputy Bailiff, and Jurats Le Breton, Clapham, Le Cornu, Marett-Crosby, Nicolle and Le Brocq.

The Attorney General

-v-

David Gary Yves Rousseau

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 24^th June, 2011, following a guilty plea to the following charge:

1 count of:

Robbery (Count 1).

Age:  25.

Plea: Guilty.

Details of Offence:

Armed with a very large kitchen knife, the defendant entered and robbed Ladbrokes on La Colomberie.  He wore a hood and a scarf over his face.  He threatened the female assistant with the knife and stole £215.  (The assistant had only removed £1,000 from the till a short time before the robbery and placed it in the safe). 

The defendant was recognised from CCTV in the betting shop and was arrested.  The knife was seized from his flat.  In interview he initially denied the offence but when faced with the prospect of an identity parade he admitted that he was guilty and made limited admissions.  No money has been recovered. 

Aggravating features were identified as the use of a knife; the probability that the defendant was drunk at the time of the offence; the defendant's recent previous conviction for robbery, and the fact that the instant offence was committed less than six weeks after being released from prison on license. 

Details of Mitigation:

Guilty plea and was partly cooperative with the police.  Apologised in interview for any trauma the victim may have suffered. 

Defence argued for a sentence of between 3½ and 4 years. 

Previous Convictions:

26 convictions, including one count of robbery in 2009 for which he received a sentence of 18 months' imprisonment. 

Conclusions:

The Crown submitted that a firm deterrent sentence was needed. 

Count 1:

5 years' imprisonment.

Forfeiture and destruction of the knife sought. 

Sentence and Observations of Court:

Robbery is a very serious offence that leaves members of the community frightened. 

Conclusions granted. 

C. M. M. Yates, Esq., Crown Advocate.

Advocate C. R. Baglin for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        On 6^th April this year the victim was working in Ladbrokes' Bookmakers in Colomberie.  Mr Rousseau, you went in, you found her on her own, and you were wearing a hooded jacket under a coat; you had socks on your hands.  You removed a kitchen knife with an 8 inch blade, and the Court has had the opportunity of looking at that knife and it is a very serious weapon.  When you reached the counter you held the knife out in front of you at shoulder height, about a metre away from the victim, "Give me your money" you said.  She thought you must be joking.  You raised your voice "I'm not fucking kidding" you said.  She then opened the till and she gave you what was in it, pressing the security button at the same time.  You had £215 from her and you did not ever surrender that money; it has not been retrieved. 

2.        The victim must have been very frightened indeed.  She is to be commended for her composure in responding to what was a very frightening circumstance. 

3.        In our view the conclusions of the Crown are entirely justified in this particular case, notwithstanding everything that your counsel has said on your behalf.  We do take the view that there was an element of planning and premeditation in the offence, not just because socks were worn over your hands but also because, as revealed in paragraph 24 of the background report, you needed £200 and you had some thought processes about how you were going to obtain this, because the police case summary states that you were heard to say on the day of the offence words to the effect of "I'll just have to blag a bookies then". 

4.        We do not accept for one moment that you did not directly threaten the victim.  Waving the knife at her from a short distance away was undoubtedly a threat in the context of what you said.  You have a poor record, but worse you have a record which includes robbery only two years ago for which you received 18 months' imprisonment.  The background report shows that you present a risk of harm to others, not only directly in relation to physical and emotional harm to victims, but also in relation to the potential for emotional harm to anyone who happens to be a witness.  You are described as having a high risk of reoffending. 

5.        When you were last before the Inferior Number you were told that life does not have to be like this.  It still does not have to be like this but you must be sentenced for the offence which you have committed and we apply all the dicta which have been set out in this Court already and particularly the Court of Appeal decision of Gill-v-AG 1999/160.  Robbery is a very serious offence.  It leaves members of the community frightened and 5 years' imprisonment is, in our view, entirely justified, notwithstanding everything your counsel has said and in particular notwithstanding the expressions of remorse which you now make, and your guilty plea. 

6.        You are sentenced to 5 years' imprisonment.

7.        We order the forfeiture and destruction of the knife. 

Authorities

Gill-v-AG 1999/160.

Gill-v-AG [1999] JLR N 18C.

AG-v-Whiteley 1998/126.

AG-v-Power [2006] JRC 073.

AG-v-Le Feuvre and Watters [2004] JRC 190.

AG-v-Brockbank and Others [2009] JRC 024.

AG-v-Rousseau [2010] JRC 155.