Jersey Unreported Judgments

Superior Number Sentencing - illegal entry and larceny - receiving stolen property - illegal entry with intent to commit a crime.

[2013]JRC050

Royal Court

(Samedi)

4 March 2013

Before     :

W. J. Bailhache, Q.C., Deputy Bailiff, and Jurats Clapham, Le Cornu, Olsen, Blampied and de Veulle.

The Attorney General

-v-

Mark William Fromage

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 18^th January, 2013, following guilty pleas to the following charges:

4 counts of:	Illegal entry and larceny (Counts 2, 3, 7 and 9).
2 counts of:	Receiving stolen property (Counts 4 and 5).
3 counts of:	Illegal entry with intent to commit a crime (Counts 6, 8 and 10).

Age:  25.

Plea: Guilty.

Details of Offence:

Count 2 - On 9^th June, 2012, whilst working in the garden of the home of a 64 year old widow, Fromage entered her home and stole £60 in cash and a gold ring, worth £500, which belonged to her late husband.  No property was recovered. 

Count 3 - On 7^th August, 2012, Fromage approached an 84 year old woman who was knitting outside her flat.  He asked to use the telephone book and followed her into her flat when she went to fetch it.  He stole £281 in cash which was not recovered. 

Count 4 - On 16^th August, 2012, Fromage was observed by a police officer riding a stolen bicycle.  When signalled to stop, Fromage abandoned the bicycle and fled on foot. 

Fromage was arrested and interviewed in relation to the illegal entry offences.  He denied all knowledge and was released pending further enquiries. 

Count 5 - Fromage sold World War I medals stolen from St Saviour's Church Armoury to an antiques dealer.  The medals were sold on but the dealer recovered them and handed them to the police. 

Counts 6-10 - On 27^th September, 2012, Fromage committed five illegal entry offences at the Victoria Cottage Homes:-

Count 6 - Fromage rang on a doorbell and asked the 72 year old resident if he could use her telephone book.  Her wheel-chair bound husband was in the house.  Fromage entered her house and looked at the book but told her that he had not found the number. 

Count 7 - Fromage rang on a doorbell and asked the 66 year old resident if he could use her telephone book, saying he was working on the scaffolding opposite her home.  Once in the house he asked for a glass of water and to use the toilet.  He stole £70 in cash from her handbag.  The victim later told police that the incident had left her "terrified in [her] own home".

Count 8 - Fromage rang on a doorbell and asked the 73 year old resident if he could use the telephone as his mobile had run out of credit.  At no point did the resident leave him alone. 

Count 9 - Fromage rang on a doorbell and asked the 88 year old resident if he could use her telephone.  He ignored the telephone in the hallway and instead followed the resident into the lounge.  He told the resident that he had cement dust in his eyes and so she helped him clean them.  He told her that he had not had lunch and she made him a teacake and two cups of tea.  Fromage stole £40 in cash and £12 in Co-op dividend stamps, which were not recovered.  The victim later told police that she felt "scared and nervous" and had paid to have extra security fitted to her home. 

Count 10 - Fromage knocked on the door and asked the 86 year old victim if he could use the telephone.  He stayed in the house for about 10 minutes.  The victim later told police that he felt "betrayed". 

In interview Fromage gave "no comment" answers. 

Details of Mitigation:

The Crown

Guilty plea; letters of apology forwarded to victims by the police. 

The Defence

Willing to pay back victims; relapsed into offending within days of breakdown of relationship with girlfriend; takes an active role in the care of his young son and of his invalid mother. 

Assessed as being at high risk of reoffending and at medium risk of harm to the public. 

Previous Convictions:

33 previous offences; 22 of which are for theft and kindred offences.  17 convictions for breaking and entering, illegal entry or aiding and abetting the same. 

Conclusions:

Count 2:	4 years' imprisonment.
Count 3:	4 years' imprisonment, concurrent.
Count 4:	3 months' imprisonment, consecutive.
Count 5:	3 months' imprisonment, consecutive.
Count 6:	3½ years' imprisonment, concurrent.
Count 7:	4 years' imprisonment, concurrent.
Count 8:	3½ years' imprisonment, concurrent.
Count 9:	4 years' imprisonment, concurrent.
Count 10:	3½ years' imprisonment, concurrent.

Total: 4½ years' imprisonment. 

Sentence and Observations of Court:

The offences were particularly nasty and should be punished accordingly.  Conclusions granted save that the sentences for the receiving offences should run concurrently. 

Count 2:	4 years' imprisonment.
Count 3:	4 years' imprisonment, concurrent.
Count 4:	3 months' imprisonment, concurrent.
Count 5:	3 months' imprisonment, concurrent.
Count 6:	3½ years' imprisonment, concurrent.
Count 7:	4 years' imprisonment, concurrent.
Count 8:	3½ years' imprisonment, concurrent.
Count 9:	4 years' imprisonment, concurrent.
Count 10:	3½ years' imprisonment, concurrent.

Total: 4 years' imprisonment. 

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

Advocate J. M. Grace for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        You are here to be sentenced on an Indictment in respect of which you have pleaded guilty to four charges of illegal entry and larceny, three of illegal entry with intent and two of receiving stolen property.  Cash in various amounts was taken including one sum of £250, a gold ring which was of sentimental value was taken from one victim, and you received a bicycle and two World War II medals which in fact have been recovered. 

2.        You have a poor record of previous convictions starting in 2004, including 22 offences of dishonesty.  You were given youth custody of 9 months for those offences in that year, 9 months' probation for breaking and entry in 2005, and 12 months' probation for breaking and entry in 2009. 

3.        The offences were committed over a period of three months.  There seemed to be at least five different days of offending; as the Crown has said, there were some aggravating circumstances.  In particular you targeted older people, including many in their seventies and eighties.  The offences were committed over a protracted period and some were committed whilst you were under investigation for the earlier offences.  Some property has been unrecovered and the Court has been told of the traumatic effect on some of the victims whose trust you violated in getting access to their property. 

4.        We accept the Crown's contention that to the extent that you have preyed on elderly, vulnerable victims, the offences are particularly nasty and should be punished accordingly. 

5.        We have taken account of the fact that you have pleaded guilty and we give you credit for that guilty plea.  We have taken into account everything which is in the social enquiry report, also all that is said by your counsel, and also in Mr Gafoor's report from the Alcohol and Drug Service.  But having regard to it all, we think that with one exception, the approach that is taken by the Crown is the correct approach to mark the view which the Court has taken of the offending which you have committed and that is what you are being sentenced for, for what you have done. 

6.        On totality grounds we are going to reduce the conclusion by 6 months so that all the sentences will run concurrently.  We hope that you will continue to take advantage of the courses which are on offer in the prison and that you will be able to spend time usefully using that training. 

7.        On Count 2 you are sentenced to 4 years' imprisonment, on Count 3; 4 years' imprisonment, on Count 4; 3 months' imprisonment, on Count 5; 3 months' imprisonment, on Count 6; 3½ years' imprisonment, on Count 7; 4 years' imprisonment, on Count 8; 3½ years' imprisonment, on Count 9; 4 years' imprisonment and on Count 10; 3½ years' imprisonment.  All those will be served concurrently, making a total of 4 years' imprisonment. 

Authorities

Whelan on Aspects of Sentencing in the Superior Court of Jersey.

AG-v-Da Silva 1997/218.

AG-v-Cox [2011] JRC 087.

R-v-Whittaker [1998] 1 Cr. App. R. (S) 172.

AG-v-Wylie 2001/191

AG-v-Wylie 2002/13.