Jersey Unreported Judgments

Inferior Number Sentencing - drugs - possession Class B - larceny - breaking and entering and larceny - motoring.

[2012]JRC133A

Royal Court

(Samedi)

6 July 2012

Before     :

Sir Michael Cameron St. John Birt, Kt., Bailiff, and Jurats Le Cornu and Crill.

The Attorney General

-v-

Vincent Cooper

G

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

Vincent Cooper

First Indictment

1 count of:	Larceny (Count 1).
1 count of:	Breaking and entry and larceny (Count 2).

Third Indictment

1 count of:	Taking a motor vehicle without the owner's consent or other lawful authority, contrary to Article 53(1) of the Road Traffic (Jersey) Law 1956 (Count 1).
1 count of:	Dangerous driving, contrary to Article 22(1) of the Road Traffic (Jersey) Law 1956 (Count 3).
1 count of:	Driving whilst disqualified, contrary to Article 15(4)(b) of the Road Traffic (Jersey) Law 1956 (Count 4).
1 count of:	Using a motor vehicle uninsured against third party risks, contrary to Article 2(1) of the Motor Traffic (Third Party Insurance)(Jersey) Law 1948 (Count 5).
1 count of:	Failing to stop when required by a Police Officer, contrary to Article 51(1) of the Road Traffic (Jersey) Law 1956 (Count 6).
1 count of:	Breaking and entering and larceny (Count 7).

Age:  30.

Plea: Guilty.

Details of Offence:

First Indictment

On 8^th August, 2011, Cooper stole a motorcycle cover from a parked moped.  On 28^th August, 2011, the Spar in St John's Village was broken into by Cooper who had smashed the front door with a claw hammer.  In total £1,189.38 worth of cigarettes and tobacco was stolen and not recovered. 

Third Indictment

On 7^th January, 2012, a Honda Jazz was stolen from the car park of Baptist Church in Vauxhall Street.  On 10^th January, 2012, Cooper and G drove to the Spar at Augres in the stolen car.  Cooper smashed the front door of the shop with a large stone and together with G stole cigarettes, alcohol, mobile phones and mobile top up cards to a value of £1,541.81.

A description of the stolen vehicle was circulated and Cooper then drove the car at speed, pursued by a mobile police officer.  The car was abandoned when it later crashed.  Both Cooper and G had escaped.  G was arrested shortly afterwards having hidden in a hedge.  Cooper handed himself in at the Police enquiry desk.  He was uninsured and disqualified from driving.  The stolen car was written off. 

Fourth Indictment

G was remanded in custody following her first appearance in the Magistrate's Court.  Following a visit, prison officers became suspicious that something had been passed to her.  A cling-film wrapped package containing 452mg of cannabis resin was recovered from her underwear. 

Details of Mitigation:

Property for breaking and entry (at Augres) recovered in full; gave himself up at the police station, wishes to repay community through Community Service Order.  Impact that his detention will have upon his child. 

Previous Convictions:

83 previous offences including inter alia 27 theft and kindred offences and 3 taking and driving aways, 4 driving whilst disqualified, 7 driving without a licence and 12 driving without insurance. 

Conclusions:

First Indictment

Count 1:	1 week's imprisonment.
Count 2:	18 months' imprisonment, concurrent.

Third Indictment

Count 1:	12 months' imprisonment and 3 years' disqualification from driving, consecutive to the First Indictment.
Count 3:	6 months' imprisonment, concurrent, and 3 years' disqualification from driving.
Count 4:	10 months' imprisonment, concurrent, and 3 years' disqualification from driving.
Count 5:	15 months' imprisonment, concurrent and 3 years' disqualification from driving.
Count 6:	£100 fine or 2 days' imprisonment in default.
Count 7:	18 months' imprisonment, concurrent to Count 1 and consecutive to the First Indictment.

Total:  36 months' imprisonment and disqualification from driving for 3 years and £100 fine.

Breach of Probation:- order discharged, no separate penalty.

Sentence and Observations of Court:

First Indictment

Count 1:	1 month's imprisonment.
Count 2:	18 months' imprisonment, concurrent.

Third Indictment

Count 1:	12 months' imprisonment and 3 years' disqualification from driving, consecutive to the First Indictment.
Count 3:	6 months' imprisonment, concurrent, but consecutive to the First Indictment and 3 years' disqualification from driving
Count 4:	10 months' imprisonment, concurrent, and 3 years' disqualification from driving.
Count 5:	12 months' imprisonment, concurrent, and 3 years' disqualification from driving
Count 6:	No separate penalty.
Count 7:	18 months' imprisonment, concurrent with the First Indictment.

Total: 30 months' imprisonment and 3 years' disqualification from driving.

G

Third Indictment

1 count of:

Breaking and entry and larceny (Count 7).

Fourth Indictment

1 count of:

Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978 (Count 1).

Age:  17.

Plea: Guilty.

Details of Offence:

See Cooper above.

Details of Mitigation:

Youth - falls under the provisions of the Criminal Justice (Young Offenders)(Jersey) Law 1994 - troubled background - recently accepted a job offer which provides regular income - now willing to accept advice/help and has given up alcohol. 

Previous Convictions:

36 previous offences including inter alia 9 theft and kindred offences. 

Conclusions:

Third Indictment

Count 7:

9 months' youth detention.

Fourth Indictment

Count 1:

1 month's youth detention, consecutive to Count 7 on the Third Indictment.

Total:  10 months' youth detention

Breach of Binding Over Order:- order discharged, no separate penalty.

Forfeiture and destruction of drugs sought.

Sentence and Observations of Court:

Conclusions granted.

R. C. P. Pedley, Esq., Crown Advocate.

Advocate D. A. Corbel for Cooper.

Advocate P. S. Landick for G.

JUDGMENT

THE BAILIFF:

1.        Cooper, you have an appalling record.  You are now before us for two offences of breaking and entry and larceny, one of larceny, and some motoring offences including taking and driving away, dangerous driving, failing to stop and report, and the accompanying offences of driving without insurance and driving whilst disqualified.  All this places you in breach of a Probation Order which the Magistrate's Court imposed. 

2.        Your Advocate has spoken in mitigation.  She has referred to your guilty plea, to your efforts to turn your life around in attending Silkworth Lodge; to your motivation to change, particularly you have realised the effect that your life is having on your son; and she refers to the probation report and its recommendation.  We have also read your letter and the references. 

3.        But in all the circumstances these offences coming on top of your record and your breach of probation means that we cannot deal with this by way of a non-custodial sentence.  However, we do think we can reduce it a little in order to give you a sense of encouragement and we hope that when you come out you will maintain this desire to change, which you say has come upon you whilst you have been on remand.

4.        The sentence of the Court is as follows:- on the First Indictment:- Count 1; 1 month's imprisonment, Count 2; 18 months' imprisonment, those two are concurrent.  On the Third Indictment, on Count 1; 12 months' imprisonment and disqualification from driving for 3 years', Count 3; 6 months' imprisonment and disqualification from driving for 3 years', Count 4; 10 months' imprisonment and disqualification from driving for 3 years', Count 5; 12 months' imprisonment and disqualification from driving for 3 years, those sentences on Counts 1, 3, 4 and 5 are to be concurrent with each other but consecutive to the sentences on the First Indictment.  Count 7; 18 months' imprisonment, concurrent with the First Indictment.  No order on the breach of probation.  So that makes a total of 30 months' imprisonment and disqualification from driving for 3 years. 

5.        G, despite your young age you too have built up quite a record and you are now before us for breaking and entry and larceny and possession of cannabis.  Article 4 of the Criminal Justice (Young Offenders)(Jersey) Law 1994 applies to you and this Court is always very reluctant to send somebody of your age to youth detention.  But you have repeatedly breached the Probation Orders which have been given to you and also the Binding-Over Orders.  The background report makes it clear that you have shown no willingness to engage with the Probation Service.  We were addressed at very considerable length by Advocate Landick and we have considered what he said and also your letter and that of your mother. 

6.        But in all the circumstances we are quite satisfied that there is no alternative to youth detention on the grounds that you have a history of failing to respond to non-custodial sentences and you have shown yourself to be unwilling or unable to respond to non-custodial penalties.  You have been given ample chances and it is now time that you appreciate that if you continue to offend you will go to youth detention.  Nevertheless you are an intelligent young person, and you have great potential if you choose to use it.  We hope that you will maintain your desire to try and cut away from the life style you have had in the past and we hope that you will take advantage of what is on offer in youth detention, because there are things there that can help you when you are released.  You may be subject to supervision on your release. 

7.        The sentence of the Court in your case is 9 months' youth detention on Count 7 of the Third Indictment and 1 month's youth detention, consecutive, on Count 1 of the Fourth Indictment, making a total of 10 months' youth detention.

8.        We also order the forfeiture and destruction of the drugs. 

Authorities

Criminal Justice (Young Offenders)(Jersey) Law 1994.

Road Traffic (Jersey) Law 1956.

Motor Traffic (Third Party Insurance)(Jersey) Law 1948.

AG-v-Bailey [2009] JLR N 19.

AG-v-Gaffney [1995] JLR N 22

Magistrate's Court Road Traffic Offences Sentencing Guidelines.