ROYAL COURT
(Samedi Division)
3 June 1999
Before: F.C. Hamon, Esq., Deputy Bailiff and
Jurats Le Ruez, Rumfitt, Potter, de Veulle,
Quérée, Le Brocq, Tibbo, Georgelin and Allo.
AG
-v-
Paul Martin Gill
Sentencing by the Superior Number, to which the accused was remanded in custody on 23 April1999, by the Inferior Number following guilty pleas to:
1 count of robbery; and
1 count of larceny.
Age: 41
Details of Offences:
Entered Stampers Supermarket and secreted Cognac bottle in bag. Then held knife to neck of cashier and demanded monies. Also punched cashier and threatened him. Stole £63.
Details of Mitigation:
Alcohol dependency; guilty plea; remorse.
Previous Convictions:
None.
Conclusions:
Count 1: 4½ years imprisonment.
Count 2: 2 weeks imprisonment, concurrent.
TOTAL: 4½ years imprisonment.
Sentence and Observations of the Court:
Count 1: 4 years imprisonment.
Count 2: 2 weeks imprisonment, concurrent.
TOTAL: 4 years imprisonment.
T J Le Cocq Esq Crown Advocate
Advocate R G S Fielding for the accused
JUDGMENT
THE DEPUTY BAILIFF: It has been stated in AG -v- Whiteley (18th June, 1998) Jersey Unreported, [1998.126]and AG -v- Stevenson (2nd December, 1998) Jersey Unreported, [1998.244]that this Court is not prepared to tolerate behaviour where innocent shopkeepers are terrorised by the use of weapons in the course of robbery. This was as blatant a robbery as could be imagined. Gill had stolen a bottle of cognac, placed it in a red bag and had then taken two packets of Benson and Hedges cigarettes to the check-out at ‘Stampers’, First Tower. He first grabbed the cashier and ordered him to open the till. He then leant across with a serrated steak knife which had a 4½ inch blade and held that near to the 18 year old cashier’s neck with words to the effect that if the cashier did not open the till he would kill him. The cashier was in genuine fear of his life. He tried to explain that he could not open the till without a key and for that he received a punch in the face which was of moderate force but did cause his inner lip to bleed.
The cashier then purported to put through a transaction and the till opened and he was again threatened by Gill saying "give me the twenties". The cashier gave him three £20 notes and some £1 notes from the till which Gill pocketed and Mr. Fielding has pointed out that in order to punch the young man in the face with his right hand, Gill must have - and we accept this - put the knife back into his pocket at that point. All in all, this was a nasty attack upon a young man who had only been employed at the supermarket for a few weeks.
In Stevenson the Court said:
"When we speak of deterrents, in an offence of this nature, the aim is less to deter the offender himself than to deter others."
We clearly have a range of between 18 months and 5½ years and Mr. Fielding accepts that that must be correct but within that range each case will turn on its own particular facts. We regard this case as being at the higher level of the range.
In mitigation Gill eventually pleaded guilty and has agreed, through his counsel today, that the facts as outlined by the Crown Advocate are the accepted facts. His criminal record is not in point; it has in any event nothing of violence in it and he has apparently shown remorse in letters which he has recently written to the Court.
Mr. Fielding has taken us carefully through all the cases and when we look at those cases in the round it does appear to us that the conclusions are pitched too high. Nevertheless this was nasty and totally unacceptable behaviour. We are going to take a starting point of 4½ years. Gill, stand up, please. You are sentenced to 4 years’ imprisonment on count 1 and 14 days’ imprisonment on count 2, concurrent.
Authorities.
AG -v- Whiteley (18th June, 1998) Jersey Unreported. [1998.126]
AG -v- Stevenson (2nd December, 1998) Jersey Unreported. [1998.244]
AG-v-Monet, Le Feuvre (5th October, 1998) Jersey Unreported. [1998.197]