Jersey Unreported Judgments

You are here: BAILII >> Databases >> Jersey Unreported Judgments >> 1998/81 - AG v Howard, Sutcliffe & McCuaig [1998] UR 81 (22 April 1998)
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Cite as: [1998] UR 81

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ROYAL COURT

(Samedi Division)

22 April 1998

Before: FC Hamon, Esq., Deputy Bailiff and

Jurats Myles, Gruchy, Le Ruez, Herbert, Rumfitt,

Potter, de Veulle, Quérée, Le Brocq and Bullen

-v-

Anthony Thomas HOWARD

Dominic SUTCLIFFE

Kevin John McCUAIG

Anthony Thomas HOWARD

1 count of breaking and entering and larceny (count 1);

1 count of resisting a police officer in the execution of his duty (count3);

1 count of possession of a controlled drug contrary to Article 6 (1) of the Misuse of Drugs (Jersey) Law 1978.

count 4: cannabis resin.

Plea: Guilty (plea entered on 17 April 1998)

(A T Howard failed to appear 22 April 1998, and the Court ordered his arrest without bail option. Counsel for A T Howard had no objection to co-accuseds being dealt with in his absence]

Dominic SUTCLIFFE

1 count of receiving, hiding, or withholding property knowing it to have been stolen (count 1b);

1 count of resisting a Police Officer in the execution of his duty (count 2).

Plea: Guilty (plea entered on 17 April 1998)

Age: 20

Details of Offence:

Sutcliffe was indicted with Howard and McCuaig. Howard and McCuaig were charged with breaking, entering and larceny. On the night of 30 October 1997 the window was broken at Victor Hugo Wines and a large amount of cigarettes and alcohol to the total value of £1,620.42 was stolen. The two co-accused went back and forth from the wine shop to their accommodation in Stopford Road, removing stolen goods. Sutcliffe was asleep in the flat and they tried to wake him unsuccessfully. He did however admit helping to package the stolen goods for onward sale. £813.60 worth of stolen property was recovered. Sutcliffe was in breach of a one year probation order with 240 hours community service in relation to six counts of breaking and entering and larceny of non-dwellings imposed in the Magistrates Court in July, 1997. The Centenier had not provided a representation on committal and the Royal Court thus had no jurisdiction to deal with it. On the day of the sentencing, Sutcliffe (in custody) had served the equivalent of a 7 months 29 days sentence on remand.

Details of Mitigation:

Guilty plea

Previous Convictions:

Two - drunk and disorderly/malicious damage, March 1997 and breaking and entering and larceny (6 counts) 18 July 1997.

Conclusions:

Count 1b:1 year Youth Detention

Count 2: 2 months Youth Detention, consecutive

Sentence and Observations of the Court:

Count 1b:18 months Probation with attendance at SMART course

Count 2: 18 months Probation with attendance at SMART course, concurrent

Observed he had a bad record and was in breach of a probation order Observed had spent nearly 8 months in custody

Kevin John McCUAIG

1 count of breaking and entering and larceny (count 1)

Plea: Guilty

Age: 18

Details of Offence:

McCuaig with co-accused Howard broke into and entered Victor Hugo Wines and Stole cigarettes and alcohol to the total value of £1,620.42. Thereafter they carried the stolen property, making several trips from Victor Hugo Wines to their accommodation in Stopford Road. A Securicor patrol man alerted the police in respect of a broken window. Whilst making subsequent enquiries, police interviewed a witness who had seen the two accused carrying the stolen property to their flat and thus the defendants were identified.

Details of Mitigation:

McCuaig relatively co-operative. He had served the equivalent of 1 month 25 days on remand. He had very powerful letters of commendation from the Chaplain at La Moye Prison, Brian Cousins. Appalling family history.

Previous Convictions:

February 1997: acting in a manner likely to cause breach of the peace.

1 October 1997: possession of cannabis resin for which he was bound over.

Conclusions:

Count 1: 1 year Probation with condition of attendance at SMART course.

Sentence and Observations

of the Court:

Count 1: Conclusions granted

£250 compensation order (nominal sum) payable at rate of £25 per week when starts employment.

Mrs S Sharpe, Crown Advocate

Advocate JD Melia for AT Howard

Advocate CM Fogarty for D Sutcliffe

Advocate PC Harris for KJ McCuaig

JUDGMENT

THE DEPUTY BAILIFF: Stand up, McCuaig, we are going to deal with you first. Looking at the reports that we have read you were clearly on a downward spiral before your arrest but the weeks that you have spent in prison have perhaps been useful to you. It certainly meant that you have come into contact with the Prison Chaplain and I am pleased to see he is in Court to support you this afternoon. And, the letter from Father Cousins has shown that someone at least has some faith in you. However, the Crown does not wish to depart from the recommendations of the probation report and what we are going to do with you is this: we are going to impose a one year probation order with a requirement that you attend the SMART course at Highlands College.

Now, if you decide to leave the Island to go back home you must inform the Viscount immediately and come back to Court. We feel that although you are not in work we should make a compensation order because in our view on the facts you were deeply involved but we are going to make a nominal compensation order of £250, and you must pay that at the rate of £25 a week once you are in work. You pay that money to the Viscount once a week. If it becomes difficult for you to pay you go and tell the Viscount about it, but do not miss payment because this Court will not tolerate that sort of behaviour. If you have any problems I am quite certain that Father Cousins will advise you. Do you understand, right, you can leave the Court.

Sutcliffe, will you stand up, please. You have got a bad record and we must recall that you are in breach of a probation order. On the facts of the case, however, we agree with Miss Fogarty that you were perhaps more led than otherwise and we note that you have been in custody now for over seven months. I need to say this to you: if you think that alcohol and drug abuse are going to help any of your problems then you really are stupid in the extreme. We are going to take a chance; we are going to place you on probation for 18 months but again it is on condition that you attend the SMART course at Highlands college.

Authorities

Criminal Justice (Young Offenders) (Jersey) Law; 1994

A.G. -v- Gaffney (5 June 1995) Jersey Unreported

Whelan: "Aspects of Sentencing in the Superior Courts of Jersey": pp.63-67

Whelan: Ibid: Noter Up, May 1996-1997:. pp. 25-26

A.G. -v- McDonald (7 December 1990) Jersey Unreported