ROYAL COURT
(Samedi Division)
23 January 1998
Before: Sir Philip Bailhache, Bailiff and Jurats
Miles and Potter
AG
-v-
John Alexander Crawford
2 Counts of:illegal entry and larceny (counts 1 & 3)
2 Counts of breaking and entering and larceny (counts 2 & 4)
2 Counts of assault (counts 5 & 6)
Age: 42
Plea: Guilty
Details of Offence:
In February 1997 Crawford illegally entered The Beach Hotel, Gorey and stole a portable television set and a volley ball net together worth approximately £330.00 ( Count 1). On the 15 June he criiminally broke and entered Woodlands, La Rue des Pallieres, St Ouens, and stole tools and dinner sets valued at approximately £4,000.00 (Count 2). He Illegally entered a building site at the Bagot Inn, St Saviours and stole a lump hammer valued £30.00 on the 25 September 1997 (Count 3). On 28 September he broke and entered Flat 1, Strathcombe, Gorey Village by prising a door open with a "jemmy" and stole jewellery, electronic and photographic equipment and other property valued at approximately £8,000.00 (Count 4). After arrest on the same day he twice assaulted DC AF Bisson firstly by attempting to bite him and secondly an hour later by attempting to head butt him.
Details of Mitigation:
Crawford wishes to address the question of his alcohol problem. He has sought help in the past but realises his life has reached a turning point and he must face up to reality. He had remained out of trouble for seven years save for an assault on his wife when he was bound over to keep the peace in January 1997. He has shown significant remorse. Offences are at the lower end of the scale and the overall circumstances justify an individualised approach as referred to in the Social Enquiry Report.
Previous Convictions:
Various offences of dishonesty between 1970 and 1990 including burglary, theft and forgery and obtaining by false pretences. In addition a number of motoring offences including driving whilst unfit twice. In January 1997 he was bound over by the Magistrates Court for three years for committing a grave and criminal assault on his wife.
Conclusions:
Count 1: 12 months imprisonmentCount 4: 2 ½ years imprisonment
2: 2 years imprisonment 5: 6 months imprisonment
3: 3 months imprisonment 6: 6 months imprisonment
All sentences to run concurrently, except for sentence imposed on Count.5, which is to follow consecutively
TOTAL SENTENCE: 3 years imprisonment
Sentence and Observations of the Court:
Count 1:12 months imprisonmentCount 4: 2 years. 3 months imprisonment
2: 2 years imprisonment 5: 3 months imprisonment
3: 3 months imprisonment 6: 3 months imprisonment
All sentences concurrent, except for sentence passed on Count 5, which is to follow consecutively.
TOTAL SENTENCE: 2½ years imprisonment
A series of offences were committed by Crawford some serious within a very short time of his being bound over. Breaking and entering of dwelling houses is always a serious offence, and the particular circumstances of Count 4 (the break-in at Gorey Village) were aggravated by the knowledge which Crawford had of the absence of the occupiers of the flat who were also known to him. The Court took particular note of the seven year gap in Crawfords record, and was thus able to give a slight reduction on the conclusions moved for by the Crown.
JGP Wheeler Esq., Crown Advocate
Advocate DMC Sowden for the accused
JUDGMENT
THE BAILIFF: The Court has given careful consideration to the submissions of Defence Counsel who has indeed said everything which could properly be said on behalf of the accused. At the end of the day however these were a series of offences, some of which were serious and committed within a short time of being bound over to be of good behaviour by the Magistrate in the Police Court.
Break-ins of dwelling houses are always serious offences and in this case the break-in of the house at Gorey was aggravated by the knowledge which the accused had of the absence of the occupiers, who were indeed known to him.
The Court has taken particular note of the seven year gap in the record of the accused, and principally for that reason has felt able to make a slight reduction in the conclusions moved for by the Crown Advocate.
The sentence of the Court therefore is that on Count 1 Crawford will be sentenced to twelve months imprisonment, on Count 2 to two years imprisonment concurrent on Count 3 to three months imprisonment concurrent, on Count 4 to twenty seven months imprisonment concurrent, on Count 5 to three months imprisonment consecutive, on Count 6 to three months imprisonment concurrent, making a total of thirty months imprisonment.
Authorities
Whelan: Aspects of Sentencing in the Superior Court of Jersey: pp.63-66
Ibid.: Noter-Up: May, 1996-May, 1997: pp.25-29
A.G.-v-da Silva (4 December 1997) Jersey Unreported