Jersey Unreported Judgments

2000/21A

2 pages

ROYAL COURT

(Samedi Division)

 

4^th February, 2000

 

 

Before:  F.C. Hamon, Esq., Deputy Bailiff,

                                                        and Jurats Quérée and Bullen

 

The Attorney General

-v-

Mark William O'Brien

 

 

3 counts of:  breaking and entering and larceny (counts 1, 2, 3);

1 count of:   larceny (count 4).

 

Age:    20.

 

Plea:   Guilty.

 

Details of Offence:

 

Breaking and entering and larceny:  In December, 1998, broke into commercial premises where tobacco products stored in bulk by wholesaler and stole £800 worth of cigarettes.  O'Brien entered the premises after he had been informed that premises had been broken into by others.  Opportunistic rather than planned.  Cigarette packets, which all bore a unique batch number, were found in garage at O'Brien's home address.  O'Brien lied to the police when questioned and interviewed saying he had found the stolen goods in a bush outside his house.  Admitted his limited involvement when confronted with the fact that 10 of his fingerprints were recovered from items in the premises.

 

In December, 1998, broke into unoccupied private dwelling house during daylight hours and stole camera (value £270) and wristwatch (value £1,500).  Entry gained by smashing kitchen window and untidy search made of dwelling (including bedroom).  Owners (elderly retired couple) discovered the crime when they returned home in the afternoon.  Wristwatch of considerable worth and sentimental value to victim (a retired gentleman) not recovered.  Offence committed intentionally in order to settle drugs debt of £500.

 

In July, 1999, (whilst on bail for above offences) O'Brien (together with Oliver Munks - dealt with on 8^th October, 1999, when he received an 18 month sentence for this particular offence see separate SSS) forcibly broke and entered a sports shop at night and stole 15 wrist watches valued at £599.  Denied involvement when questioned by police but pleaded guilty after his prints were recovered from a plastic bag left at the scene of the crime and implicated by one of the receivers (a known associate of O'Brien) whom the police had interviewed early on in their enquiries.  O'Brien refused to name the receivers and only one of the fifteen watches was recovered by the police.

 

Larceny:  O'Brien took lady's handbag from dance floor at night club to the gents toilets intending to retain cash.  Seen by observant member of the public who alerted staff who found O'Brien rifling through the handbag whilst locked in a cubicle.  Initial denials of guilt (and allegations that both member of public - who identified O'Brien and the member of staff were lying) turned to plea of guilty in the light of the weight of evidence against him. No reason to commit offence as O'Brien was in employment earning good money and had cash in his own pocket.  Opportunistic offence characterised by disregard to feelings of female victim.

 

Details of Mitigation:

 

(1)   pleas of guilty (but evidence against O'Brien compelling);

(2)   youth (age 19 at time of offences);

(3)   pre-sentence report disclosed troubled background; lack of parental support; disregard to all authority figures from parents, teachers to police; early experimentation with drugs from age 14 leading to addiction to heroin at age 19;

(4)   recognition of damaging influence drugs have had on him;

(5)   willingness to abstain from all controlled drugs and undergo naltrexone treatment;

(6)   willingness to undergo SMART programme.

 

Previous Convictions:

 

Larceny (shop x 2) 1995.

Breaking and entering and larceny with intent to commit crime (private dwellings x 2) 1996.

Possession of cannabis (x 2) and ecstasy (x 1) 1996/97.

Driving whilst uninsured and disqualified 1997.

Obstructing police (x 4) 1997/98.

Receiving (x 1) 1997.

 

Conclusions:

 

Probation Order for 1 year on condition that:

(1)   he complete 120 hours' Community Service;

(2)   he attend regularly at the Alcohol and Drugs Service (ADS) as required by that Service;

(3)   he abstain totally from use of all controlled drugs;

(4)   he agrees to undergo random drug testing (the dates and times of which are to be specified by the Probation Service and the results communicated to that Service forthwith);

(5)   he agrees to take oral naltrexone for one month under supervision of ADS; and

(6)   he agrees to have naltrexone implants for such period as ADS may specify up to a period of six months.

 

Sentence and Observations of the Court:

 

Conclusions granted.  Warned that if in breach of any of the above terms he would be brought back before the Court.  The time spent on remand whilst in custody would not count and he could expect a sentence of 23 months as would have been moved for by the Crown had O'Brien not undertaken total abstinence from drugs (see NB above).

 

P. Matthews, Esq., Crown Advocate.

Advocate D. Benest for the accused.

 

 

 

NO RECORDED JUDGMENT