Jersey Unreported Judgments

ROYAL COURT

(Samedi Division)

20 August 1999

Before: F C Hamon, Deputy Bailiff and

Jurats Rumfitt, Le Brocq

AG

v

William George McLean

1 count of breaking and entering and larceny (count 5);

2 counts of receiving stolen property (counts 6, 7);

2 counts ofpossession of a controlled drug, contrary to Article 6(1) of the Misuse of Drugs (Jersey) Law 1978 (counts 8 & 9 (cannabis resin] );

C

(The other counts on the indictment related to five other co-accused whose cases are still pending]

Age: 23

Plea: Guilty

Details of Offence:

McLean admitted entering commercial premises at night although the premises had been entered by others on two separate occasions during the previous 48 hours. He admitted removing from the premises cigarettes valued at £39.06. McLean also admitted receiving certain goods which had been stolen from the same premises prior to the occasion in respect of which he was charged, these goods comprising cigarettes to the value of approximately £450 and other goods including a fax machine. He also admitted purchasing in a pub a telephone knowing it to have been stolen from other premises. A search of his motor vehicle and a subsequent search of his accommodation uncovered cannabis resin weighing 2.5 grams and 5.46 grams respectively. The offence of breaking and entry had been committed by McLean after a night of drinking and whilst under the influence of drugs and alcohol. He claimed to have only a vague recollection of events during the weekend in question and it appeared that the premises were also entered by a number of others who were known to him.

Details of Mitigation:

Although he initially denied the offences, he subsequently entered a plea of guilty and, in addition, shortly before sentence made a statement implicating certain of his co-accused. He indicated his willingness to give evidence on behalf of the prosecution at a forthcoming Assize trial of others alleged to have been involved in the breaking and entry of the commercial premises. He expressed remorse and indicated an intention to overcome his admitted dependency on heroin.

Previous Convictions:

McLean had a substantial criminal record having first been convicted before the Jersey Juvenile Court in April 1992 at the age of 15. Subsequent convictions included convictions for possession of controlled drugs and offences of dishonesty. It was, however, noted that he had not previously served a sentence of imprisonment.

Conclusions:

Count 5:15 months imprisonment

Count 6:15 months imprisonment

Count 7:15 months imprisonment

Count 8:1 week imprisonment

Count 9:1 week imprisonment

All concurrent.

Total: 15 months imprisonment

Sentence & Observations of Court:

The Court accepted that the offence of breaking and entering was an opportunist one after others had already entered the premises. The Court indicated that McLean’s recent co-operation with the police must have required some courage and required a substantial discount on the sentence which would otherwise have been imposed. Accordingly the Court imposed sentences on the following basis:

Count 5:10 months imprisonment.

Count 6:10 months imprisonment.

Count 7:10 months imprisonment.

Count 8:1 week imprisonment.

Count 9:1 week imprisonment.

All concurrent.

Total: 10 months imprisonment.

A R Binnington, Crown Advocate

Advocate W Grace for the Accused

JUDGMENT

THE DEPUTY BAILIFF: This Court has to sentence on the version of events accepted by the Crown. Despite his initial prevarication the finding of McLean’s fingerprints after the second break-in gives the lie to any argument that he was involved in the initial break-in.

Break-ins at night to commercial premises are serious. We said so in AG v Gaffney (5 June 1995) Jersey Unreported, where the Superior Number felt that the sentence of imprisonment should be in the region of 18 months’, but we cannot equate the facts of Gaffney with the facts in this case. This was, as Advocate Grace has told us, an opportunist break-in to premises which had been made secure after an earlier and more violent break-in. The goods McLean received were of some value but we have to say that if there were no receivers there would be no encouragement to people to break into other people’s property. Clearly McLean knew all the people involved in this business.

His record is very bad but Advocate Grace has very effectively, if we may say so, dealt with all the aspects of mitigation.We have encouraging letters which show that McLean has made some determined and responsible efforts to make something of his life, and he his only 23. His co-operation and its detail, in our view, has required some courage. He needs to receive a fairly substantial reduction in sentence for that alone.

Crown Advocate Binnington was in some difficulty this morning as he has taken this case over from another Crown Advocate. It would have been useful for us to have known the starting point from which deductions were made in order to reach the Crown’s conclusions. We are of the opinion that, to do justice in this case, and allowing for the amount of co-operation and the overall level of McLean’s criminality, the conclusions are pitched too high. McLean has already served 4 months imprisonment without any application for bail as he wishes to be rid of this matter once and for all and we think we can deal with the matter in this way.

On count 5 we are going to sentence you to 10 months imprisonment; count 6: 10 months imprisonment; count 7: 10 months imprisonment; count 8: 1 week imprisonment; count 9: 1 week imprisonment. All those sentences to run concurrently, so you will in fact serve a total of 10 months imprisonment and we order the forfeiture and destruction of the drugs.

Could I just say this to you. You are only 23, you are obviously mixed up with a very bad bunch. There is a lot of good that we have read in the reports that we have seen, so just take hold of yourself and try and make something of your life because if you come back to Court with the sort of record you have you may not get the reception you have received today.

Authorities

A.G. -v- Aubin (14^th May, 1987) Jersey Unreported.

A.G. -v- James, Moore, McCaffrey (24^th January, 1997) Jersey Unreported.

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

R. -v- Shelton (1987) 83 Cr. App. R. 379.

Whelan: Aspects of Sentencing in the Superior Courts of Jersey: Drugs Offences.