Jersey Unreported Judgments

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You are here: BAILII >> Databases >> Jersey Unreported Judgments >> 1998/176 - AG v Rawlinson and Oeillet [1998] UR 176 (18 August 1998)
URL: http://www.bailii.org/je/cases/UR/1998/176.html
Cite as: [1998] UR 176

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ROYAL COURT

(Samedi Division)

18 August 1998

Before: Sir Philip Bailhache, Bailiff, and Jurats

Le Ruez, Rumfitt, Potter, de Veulle, Quérée,

Le Brocq, Tibbo, Bullen, Le Breton

 

AG

-v-

Richard Thomas Rawlinson

Zac Christopher Oeillet

 

Sentencing by the Superior Number of the Royal Court, to which the accused were remanded by the Inferior Number on 24 July 1998, following guilty pleas to the following counts:

RICHARD THOMAS RAWLINSON

First Indictment

1 count of: receiving, hiding, or withholding stolen property (count 1)

1 count of: driving a motor vehicle without the owners consent or lawful authority, contrary to Article 28(1) of the Road Traffic (Jersey) Law 1956; (count 2)

1 count of: driving a motor vehicle when uninsured against third party risks, contrary to Article 2 of the Motor Traffic (Third Party Insurance) (Jersey) Law 1948: (count 3)

2 counts of: robbery (counts 8, 9)

1 count of:maliciously setting fire to the property of another, contrary to Article 17(2) of the Fire Service (Jersey) Law 1958 (count 10)

1 count of: possession of a controlled drug (cannabis resin) contrary to Article 1) of the Misuse of Drugs (Jersey) Law 1978 (count 14)

Age: 27

Details of Offence:

Rawlinson received a stolen guitar worth £100 and sold it to raise money for drugs. He had taken possession of a borrowed vehicle with Oeillet, committed two robberies, one at Melbourne Garage (£127) and one at Avenue Ladies Fashions (£30). Rawlinson had imitation firearms of sorts while Oeillet carried a large knife. They wore disguises and made calculated efforts to destroy evidence. Rawlinson set fire to the borrowed car and destroyed it. One of the victims was a 67 year old lady alone in the shop. Both Rawlinson and Oeillet threatened their victims with the weapons. After arrest a search of Rawlinsons accommodation found a small box of cannabis.

Details of Mitigation:

Relative youth. Had not intended to rob a specific place. Remorse and confession of guilt. Assisted in obtaining Oeillet’s confession.

Previous Convictions:

Various for Road Traffic, Public Order, Importation of large amount of Cannabis, other drug offences.

Conclusions:

count 1:4 months imprisonment.

count 2:6 months imprisonment; 12 months disqualification from driving

count 3:6 months imprisonment; 12 months disqualification from driving

count 8:5 ½ years imprisonment

count 9:5 ½ years imprisonment

count 10:3 years imprisonment

count 14: 1 month imprisonment

The sentences imposed on counts 2,3,8,9,10, to run concurrently with each other,

but to follow consecutively the sentence imposed on count 1;

The sentence imposed on count 14 to follow all other sentences consecutively.

TOTAL SENTENCE: 5 years 11 months imprisonment, with 12 months disqualification from driving.

Sentence & Observations of the Court:

Conclusions granted. Court made it clear that it would not tolerate this type of offence which causes anxiety and fear. Reference made to observations in Whiteley.

ZAC CHRISTOPHER OEILLET

First Indictment

3 counts of: driving a motor vehicle without a licence, contrary to Article 3(1) of the Road Traffic (Jersey) Law 1956 (counts 4, 6, 11)

3 counts of: driving a motor vehicle when uninsured against third party risks, contrary to Article 2 of the Motor Traffic (Third Party Insurance) (Jersey) Law 1948: (counts 5, 7, 12)

2 counts of: robbery (counts 8,9) and

1 count of:larceny (count 13)

Second Indictment

1 count of:assault (count 1)

Age: 25

Details of Offence:

Rawlinson had taken possession of a borrowed vehicle which Oeillet also drove. Oeillet and Rawlinson committed two robberies, one at Melbourne Garage (£127) and one at Avenue Ladies Fashions (£30). Oeillet carried a large knife and Rawlinson an imitation firearm of sorts. They wore disguises and made calculated efforts to destroy evidence. Rawlinson set fire to the borrowed car and destroyed it. One of the victims was a 67 year old lady alone in the shop. Both Oeillet and Rawlinson threatened their victims with the weapons. Oeillet did not hold a valid licence and was therefore unlicensed and uninsured not only for his own vehicle but also one he subsequently purchased. Oeillet was arrested after being caught shoplifting cigarettes and whilst in custody assaulted a fellow inmate by hitting him on the head whilst he slept, with a broom or otherwise. During interview Oeillet was extremely uncooperative and only admitted his guilt at a relatively late stage.

Details of Mitigation:

Relative youth. The defendant a family man who is devoted to his child (although he realises he is not a good role model). Recently successfully gave up drinking. No other mitigation.

Previous Convictions: Various for Road Traffic Offences, Public Order and assault.

Conclusions:

First Indictment.

count 4:£100 fine or 1 month imprisonment in default of payment

count 5:6 months imprisonment; 2 years disqualification from driving

count 6:£100 fine or 1 month imprisonment in default of payment

count 7:3 months imprisonment

count 8:6 years imprisonment

count 9:6 years imprisonment

count 11:£100 fine or 1 month imprisonment in default of payment

count 12:6 months imprisonment

count 13:3 months imprisonment

Second Indictment.

count 1: 6 months imprisonment

Counts 4, 9, 11 & 12 of First Indictment to run concurrently with each other, but to follow consecutively the sentence imposed on count 13.

The sentence imposed on count 1 of the Second Indictment, to follow all other sentences consecutively.

TOTAL SENTENCE: 6 years 9 months imprisonment with 2 years disqualification from driving.

Sentence & Observations of the Court:

Conclusions granted. Court made it clear that it would not tolerate this type of offence which causes anxiety and fear. Reference made to observations in Whiteley.

 

The Solicitor General

Advocate PC Harris for RT Rawlinson

Advocate CM Fogarty for ZC Oeillet

 

JUDGMENT

THE BAILIFF: Stand up Oeillet, Rawlinson. In the case of Attorney General -v- Whiteley (18 June 1998) Jersey Unreported to which the Solicitor General referred the Court, there was a reference to a judgment of Lord Lane, C J, in the Attorney General’s Reference No.2 of 1989 where the learned Lord Chief Justice said:

The serious offences on the indictments before the Court are clearly the offences of robbery. The Court wishes to make it clear that it will not tolerate this kind of offence which causes extreme anxiety and fear to those who operate such small shops and businesses.

In this case the defendants prepared themselves for their crimes by obtaining masks, a starter pistol and a knife, and hats and gloves. They went to the extent of siphoning petrol from a car in order to provide the wherewithal for destroying the borrowed motor vehicle used when these offences were committed.

The Court has considered vary carefully the submissions made by both counsel for the defendants, but has determined that the conclusions are right and proper and should be imposed. The conclusions are therefore granted, and Rawlinson on count 1: you will be sentenced to four months imprisonment, on count 2: to six months imprisonment, on count 3: to six months imprisonment, on count 8: to 5½ years imprisonment, on count 9: to 5½ years imprisonment, on count 10: to three years imprisonment, and on count 14: to one month imprisonment. The sentences on counts 1 and 14 to be consecutive to the others making a total of 5 years and 11 months imprisonment, and Oeillet, on count 4: you will be sentenced to a fine of £100 or 1 month imprisonment, count 5: to six months imprisonment, on count 6: to a fine of £100 or one month imprisonment, on count 7: to six months imprisonment, on counts 8 and 9: to six years imprisonment, on each, on count 11: £100 fine or 1 month imprisonment, on count 12: to six months imprisonment, count 13: to three months imprisonment, and on the second indictment on count 1, the assault, to six months imprisonment, the sentences on count 13: and on the second indictment to run consecutively, making a total of 6 years and 9 months imprisonment. We also order the forfeiture and destruction of the drugs. Rawlinson, I should have added that of course you will be disqualified on counts 2 and 3, for a period of twelve months, from holding a driving licence, and Oeillet you will be disqualified, on count 5, for a period of two years.

Authorities

Blackstones Criminal Practice (1998 Ed’n): p.262

Attorney General’s Reference Nos. 3 & 4 of 1990 (1991) Cr. App.R. 166

Attorney General’s Reference No.7 of 1992 (1993) 14 Cr. App.R.(S) 122

A.G -v- Whiteley (18 June 1998) Jersey Unreported

Whelan: "Aspects of Sentencing in the Superior Courts of Jersey": p.p. 74-5