Jersey Unreported Judgments

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Cite as: [1999] UR 169

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ROYAL COURT

(Samedi Division)

11 October 1999

Before: F C Hamon, Deputy Bailiff and

Jurats Le Ruez and Le Breton

Fraser Washington Boothby

2 counts of: larceny (Counts 1,2);

1 count of: breach of the peace. (Count 3)

4 counts of: driving without a licence, contrary to Article 31 of the Road Traffic (Jersey) Law 1956 (Counts 4, 9, 15, 17);

4 counts of: using a motor vehicle uninsured against Third Party Risks, contrary to Article 2(1) of the Motor Traffic (Third Party) (Jersey) Law 1948 (Counts 5, 10, 16, 18);

1 count of: driving without due care and attention, contrary to Article 15 of the Road Traffic (Jersey) Law 1956 (Count 6);

1 count of:failing to stop and report and accident, contrary to Article 27 of the Road Traffic (Jersey) Law 1956 (Count 7);

1 count of:failing to produce a driving licence, contrary to Article 7 of the Road Traffic (Jersey) Law 1956 (Count 8);

1 count of:making false statements for the purposes of obtaining certificate of insurance, contrary to article 17(2) of the Motor Traffic (Third Party) (Jersey) Law 1948. (Count 11);

2 counts of:driving with excess alcohol contrary to Article 16A(1) of the Road Traffic (Jersey) Law 1956 (Counts 12, 14 );

1 count of:using a motor vehicle with improperly maintained stoplight, contrary to Article 56 of the Motor Traffic (Construction & Use) (Jersey) Law 1956 (Count 13).

Age: 28.

Plea: Guilty

Details of Offence:

String of offences going back to 1997. Defendant had failed to appear and otherwise breached his bail on numerous occasions which led to the Court dealing with offences going back to September, 1997 more than two years later. Count 1: larceny from Marks and Spencer of a fleece top. Count 2: larceny of food from the Co-op. Count 3: Row with the girl friend leading to a breach of the peace in the street. Count 4, 5, 6, and 7: borrowing a vehicle whilst disqualified from driving in the United Kingdom and no Jersey driving licence, no insurance, crashing the vehicle and failing to report it. Counts 8, 9, 10 and 11: stopped by police officers because of speeding. Lied that he had a licence when he did not. Produced Automobile Association insurance which turned out to have been supplied to him on false representations. Counts 12, 13, 14, and 15: defendant stopped by police whilst driving motor vehicle with no brake lights. Lion intoximeter showed 45 in the breath. By this time six outstanding arrest orders but defendant eventually got bail again and committed Counts 16, 17, and 18: Hired a car and drove it whilst drunk, 62 in the breath, no licence and no insurance. Defendant had served the equivalent sentence, including remission, of 4 months 14 days on remand until he was bailed on 3 September 1999.

Details of Mitigation:

Little could be said. He had not offended since 3 September and date of sentencing. Defendant a public nuisance. Had spent a long time on remand and the case should never have been committed from the Magistrate’s Court. Very good work references handed up. Defendant maintained a child from a previous relationship in Scotland.

Previous Convictions: Numerous driving offences in Jersey and Glasgow.

Conclusions:

Count 1: 1 week imprisonment

Count 2: 1 week imprisonment

Count 3: 1 week imprisonment

Count 4: £150 fine. 1 week imprisonment in default of payment

Count 5: 4 months imprisonment

Count 6: £250 fine. 2 months imprisonment in default of payment

Count 7: £25 fine. 1 week imprisonment in default of payment

Count 8: £25 fine. 1 week imprisonment in default of payment

Count 9: £150 fine. 2 months imprisonment in default of payment

Count 10: 5 months imprisonment (second offence)

Count 11: 2 months imprisonment

Count 12: 1 month imprisonment. 12 months disqualification from driving

Count 13: £25 fine. 1 week imprisonment in default of payment

Count 14: £150 fine. 1 month imprisonment in default of payment

Count 15: 5 months imprisonment (third offence)

Count 16: 2 months imprisonment. 3 years disqualification from driving (concurrent) (second offence)

Count 17: £150 fine. 2 months imprisonment in default of payment

Count 18: 6 months imprisonment (fourth offence)

Counts 1 - 3 consecutive; Counts 4 - 18 concurrent; 6 months 3 weeks imprisonment in total. 3 years disqualification from driving

Sentence & Observations of Court:

1 year Probation, with attendance at SMART Course, but only if necessary.

Counts 12 & 16: 3 years disqualification from driving, concurrent.

Observed that he had an appalling record and at 28 he should have sorted out his life. The Court could not see why the matter had been committed to the Royal Court but noted that there were numerous offences. In particular, the Court remarked on very serious consequences to other road users and pedestrians of driving without insurance. Defendant agreed to the Probation Order. Defendant warned that if he put a foot wrong he would come back to Court and be sentenced afresh for the Counts on the indictment and the time spent on remand would not help him.

Mrs S Sharpe Crown Advocate

Advocate C M Fogarty for the Accused

JUDGMENT

THE DEPUTY BAILIFF: By now you should really have got yourself into some sort of order. You understand that.

I cannot see why this Court is dealing with the matter, but it is serious enough, and the driving offences are very serious. You cannot drive if you do not have a licence. You are a menace to pedestrians and to other road users, and the consequences of your hitting a child or a cyclist are appalling if you are not insured. You realise that.

But you have some excellent references, and apparently you regularly maintain a child in Scotland. The Probation Service has checked and confirmed that. The Crown is recommending, 6 months and 3 weeks imprisonment, and you have already spent 4 months and 14 days on remand, so you know what prison is like. You have no one to blame but yourself, and I hope you realise that.

We are minded to give you an opportunity by placing you on probation. That would mean seeing a Probation Officer once a week, and of course if you do not conform entirely to his/her satisfaction, you might have to attend a SMART Course at Highlands, and that would mean perhaps 4 hours a week. Now are you prepared to do that?

If you had not agreed, of course, we would have been quite happy to have followed the Crown’s recommendations, which in the light of your record, and in the light of these offences, is entirely reasonable. I have to say this; if you put a foot wrong or you let down your Probation Officer, or re-offend, then he is going to refer the matter back to the Court and the period that you spent on remand will not help you at all, and you will be sentenced for these offences from scratch.

In the light of your work record, we are going to give you chance, but we are still going to disqualify you from driving. We are going to put you on probation for 1 year for all the offences, other than Counts 12 and 16. On Count 12: (drunken driving) we disqualify you from driving for 12 months, and the probation order applies there as well. On Count 16; we disqualify you from driving for 3 years, but because of your age we are going to make those concurrent, i.e. a 3 year disqualification.

The terms of your Probation Order are that you work under the supervision of a Probation Officer - and you will have to go and see a Probation Officer when you leave here. That you live and work as directed by your Probation Officer, and, of course, that you are of good behaviour. Now this is a chance - take it - because if we see you in Court again you are going to prison.

Authorities

A.G -v- Mendes, Rodrigues (26^th April, 1999) Jersey Unreported. [1999.073]

A.G -v- Macmillan, Harris and Roque (28^th April, 1999) Jersey Unreported.[1999.074]