Jersey Unreported Judgments

2000/157

3 pages

ROYAL COURT

(Samedi Division)

 

4^th August, 2000

 

Before:    Sir, Philip Bailhache, Bailiff and

                                                      Jurats Le Ruez and Le Breton.

 

 

The Attorney General

 

-v-

 

Andrew Charles Newell

 

1 counts of                                                        breaking and entering and larceny.

[On 31^st March, 2000, co-accused Alan James Ford was sentenced to 12 months' Youth Detention on this charge, in the absence of the accused, who had absconded - See Jersey Unreported Judgment of that date.]

 

Age:    39

 

Plea:   Guilty.

 

Details of Offence:

 

Smash and grab at jewellers in the early hours of the morning.   Stole items worth £9,000 (retail) £3,000 (cost).   Arrested within minutes.   Property recovered.   Immediate co-operation with the police and early guilty plea.   Unlike co-acccused.

 

Details of Mitigation:

 

Entitled to credit for the time out of trouble; need to treat co-accused similarly.

 

Previous Convictions:    Numerous previous convictions including convictions for dishonesty.

 

 

Conclusions:    15 months' imprisonment.                              

 

Sentence & Observations of Court:    Conclusions granted.

The Court agreed that Newell and Ford had equal responsibility for a joint enterprise.   Newell had a bad record.   Disparity argument was rejected as special considerations supplied to Ford given his youth.

 

 

                                            A.D. Robinson, Esq., Crown Advocate

                                             Advocate A.D. Hoy for the Accused.

 

 

JUDGMENT

 

THE BAILIFF:

 

1.    The Court agrees that both Newell and Ford bear equal responsibility for this offence which was, without question, a joint enterprise.

 

2.    Newell, you have a very bad record and you must have known the likely consequences of committing an offence of this kind.   We have taken into account your guilty plea and your co-operation with the police and the letter which you have written to us and you are entitled to credit for the mitigating factors.   We are not impressed by the disparity argument.   Your co-accused was young enough to be your son and he was entitled to receive some small discount for his youth.   We think that the conclusions are moderate and you are accordingly sentenced on the single count on the indictment to 15 months' imprisonment.   Take him away, please.

 

 

Authorities

A.G. -v- Wheatley (5^th January, 1990) Jersey Unreported.

A.G. -v- Ford (31^st March, 2000) Jersey Unreported.