Jersey Unreported Judgments

ROYAL COURT

(Samedi Division)

22 May 1998

Before: FC Hamon, Esq., Deputy Bailiff and

Jurats Myles and de Veulle

AG

-v-

Ashley Anaise Hamon

FIRST INDICTMENT

14 counts of obtaining property by false pretences (counts 1 - 14 inclusive)

Age: 22

Plea: Guilty

Conclusions: 2 years Probation on each count

SECOND INDICTMENT

1 Count of assault (count 1)

2 Counts of being disorderly on licensed premises, contrary to Article 83 of the Licensing (Jersey) Law 1974 (counts 2, 3)

1 Count of grave and criminal assault (count 4)

Plea: Guilty

Conclusions:

Count 1: 1 year Probation with 180 hours Community Service

Count 2: 2 years Probation

Count 3: 2 years Probation

Count 4: 1 year Probation with 180 hours Community Service, concurrent.

Details of Offence: ( Both Indictments)

Using a stolen cheque book Hamon forged the signature of the account holder and obtained, on 14 occasions, goods to the value of £437.52. The offences of disorderly conduct and assault were committed on two separate occasions. On the first occasion Hamon was disorderly in a public house and assaulted the licensees girlfriend by punching her in the face. No injury resulted On the second occasion, at a night club, Hamon assaulted the licensee of another public house, hitting her with a pint beer glass, which did not break and no injury resulted. Hamon claimed to have little recollection of the events, having taken alcohol in combination with a prescribed drug.

Details of Mitigation: ( Both Indictments)

Age. Guilty plea. A difficult childhood giving rise to psychiatric problems. Led to commit the cheque offences by an older person.

Previous Convictions;

No previous record of offending, save for two minor public order offences in respect of which she had been bound over.

Sentence and Observation of Court:

2 year Probation order, with 180 hours Community Service to be completed within 1 year.

Court accepted that ordinarily these offences would result in a substantial custodial sentence, but was prepared to give Hamon a chance to reform given her personal circumstances and background. Prepared to take an exceptional view in relation to the assaults in the light of the fact that no injury was caused.

AR Binnington Esq., Crown Advocate

Advocate DJ Petit for the accused

JUDGMENT

THE DEPUTY BAILIFF:In these fourteen counts of obtaining property by false pretences we see a systematic and cynical case of dishonesty. It was fortunate that a shopkeeper took down the number of a car in which Miss Hamon had travelled. She had a stolen cheque book and had forged for a period of time, the name of Miss Aaron, to whom the cheque book belonged.

The incidents in the Victoria Public House and the Happy Days Bar, occurred after she had been committed for trial to this Court. The assault on Miss Smith could have been more serious than it was, and perhaps Miss Hamons heavily drunken state saved the premises, and some of those in the premises, from more damage.

A cocktail of alcohol and anti-depressant drugs is an aggravating feature to a crime of this nature, and it was only days later, when the second offence occurred - and that again could have been more serious if the glass had broken in Mrs Browns face - whatever Miss Hamon’s purpose might have been.

Cheque and credit card frauds, by and large, attract custodial sentences, and the range, I have to say is between six months and eighteen months, but each case must turn on its facts. Grave and criminal assault would also usually attract a custodial sentence, except in exceptional circumstances. Youth in itself cannot be an exceptional circumstance, however there are mitigating factors here. She was apparently led into the cheque card offences by the man that she was living with, who had apparently stolen the cheque book. She has no record of significance, and her medical history - we have examined that carefully - is disturbing.

Miss Hamon, I want to talk to you now. You must take a grip of yourself. This could be your last chance. We are not going to send you to prison, although you richly deserve it, but if you fail to comply with the Probation Order, you do understand that you will come back to Court.

Now, we are going to put you on probation and we are going to sentence you to 2 years probation on all counts, with 180 hours Community Service, and that is to be carried out within 12 months.

Authorities

Whelan: "Aspects of Sentencing in the Superior Courts of Jersey": pp 53 - 4 cheque frauds 84 - 8 grave & criminal assault.

Ibid: Noter-Up, May 1996 - 7: pp. 35 - 45: grave & criminal assault.

Thomas: "Principles of Sentencing " (2^nd Ed’n): pp. 163 - 5 cheque frauds. pp. 104 - 5 assault