Jersey Unreported Judgments

ROYAL COURT

(Samedi Division)

3 April 1998

Before: Sir Philip Bailhache, Bailiff,

and Jurats Potter and de Veulle

AG

-v-

Alfred William David Wells

First Indictment

5 counts of fraud (counts 1 - 5)

(On 14 November 1997, the accused pleaded not guilty to all counts; on 27 February 1998, the Crown accepted a change of plea to not guilty to counts 1,3, and 5 and guilty to counts 2 and 4]

Age: 38

Conclusions:

Count 2: 12 months imprisonment

Count 4: 12 months imprisonment, concurrent.

Sentence and Observations

of the Court:

Count 2: 9 months imprisonment

Count 4: 9 months imprisonment, concurrent

Second Indictment

1 count of breach of the peace

Age: 38

Plea: Guilty

Conclusions:

2 months imprisonment, consecutive to sentences imposed on first indictment.

Crown had considered compensation order under the Criminal Justice (Compensation Orders) (Jersey) Law 1994 but decided against it taking into account the defendant’s inability to pay if imprisoned and practical unenforceability if he was sentenced to community service.

Sentence and Observations

of the Court:

2 months imprisonment, concurrent with sentences imposed on first indictment.

Compensation Order for £2,961.03 to Mrs Quémard; or 6 weeks imprisonment in default of payment.

Compensation Order for £1,200 to Mr de Freitas; or 6 weeks imprisonment in default of payment, consecutive.

Details of Offence:

Wells was a second-hand car dealer. On the second indictment he was involved in a fight relating to the sale by him to another of a second-hand motor vehicle. He failed to appear in the Magistrates Court on 20 November 1996, in respect of charges relating to the first indictment having fled the Island. Wells had pleaded not guilty to counts 1, 3 and 5 on the first indictment, which was accepted by the Attorney General. Counts 3 and 4 related to the "sale" of two second-hand vehicles. Mr De Freitas left a black Toyota MR2 with the defendant to sell it. It was subject to a finance agreement. The defendant agreed with Mr De Freitas that he would sell the vehicle for £9,500. The defendant agreed with Mr De Freitas that he would sell the vehicle for £9,500. The defendant would pay the outstanding debt due to Chartered Trust and give Mr De Freitas the balance, being £1,200. Mrs Quemard wished to buy the MR2. She wanted to part exchange her Honda which was subject to a conditional sale agreement. The defendant telephoned the finance company giving a false number for the Toyota MR2 and explained to the company that their client Mrs Quemard wished to buy the vehicle. An agreement was reached whereby there would be a cheque swap between the finance and the defendant. When Mrs Quemard went to collect the MR2, the conditional sale agreement had been completed by the defendant showing the incorrect registration number. The sales invoice showed the correct registration number. The defendant forwarded the finance company a cheque which bounced. The defendant forwarded the finance company a cheque for £1,200 as agreed and this too bounced. Some days later the defendant absconded from the island leaving notes for his wife and children which could have been construed as suicide notes. He had however had the foresight to take a Daihatsu jeep from the showroom, place it on the ferry for England so that it was available for collection by him the following day when he left the Island by air. The defendant was arrested by Metropolitan Police officers and returned to the Island. The defendant eventually pleaded guilty. Mrs Quémard lost £2,961.03. Mr De Freitas lost £1,200. Trinity Finance Limited lost £10,590. Chartered Trust had no losses, having repossessed the MR2.

Details of Mitigation:

The defendant had pressing financial difficulties. Counsel referred to the statement of his employee who found the "suicide notes" wherein it seemed the defendant owed £6,000 which was due to be paid on the day he absconded. The defendant was in fear of imminent physical harm on the day he ran away. Robbed Peter to pay Paul. Counsel urged the Court to consider the fact that had the defendant declared himself en désastre, there would have been more victims.

Previous Convictions:

8 previous convictions, a relevant conviction in 1993 for obtaining cash by false pretences (3 counts) in respect of which he was imprisoned for four months.

Mrs S Sharpe, Crown Advocate

Advocate NF Journeaux for the accused

JUDGMENT

THE BAILIFF: Wells, the Court has given very careful consideration to the submissions of your Counsel but has reached the conclusion that in this case a custodial sentence must be imposed. The frauds were committed quite deliberately and you must have been aware when you committed those frauds of the likely consequences.

The Court, however, is going to vary the conclusions in two respects. First, we are going to reduce them and, secondly, we are going to make two compensation orders.

The sentence of the Court is that on the second indictment, that is to say the public order offence, you will be sentenced to two months imprisonment, as moved for by the Crown Advocate. On the first indictment, on count 3 you will be sentenced to 9 months imprisonment and on count 4 to 9 months imprisonment, in both cases concurrent with each o ther and concurrent with the sentence on the first indictment. We are also going to make two compensation orders, pursuant to the Criminal Justice (Compensation Orders) (Jersey) Law 1994 ordering you to pay to Mrs. Quémard the sum of £2,961.03 and to Mr De Freitas the sum of £1,200 and in default of payment of each of those compensation orders you will serve 6 weeks imprisonment in each case. The money to be paid under the compensation orders must be paid within 18 months of today’s date so that when you come out of prison you will have an opportunity to work and to obtain the money to make those repayments.

Authorities

A.G. -v- Duquemin (16 November 1990) Jersey Unreported

A.G. -v- Salisbury (15 July 1988) Jersey Unreported

A.G. -v- Godfrey (5 March 1992) Jersey Unreported

R -v- Thobani (1998) 1 Cr. App. R. (s) 227