Jersey Unreported Judgments

2000/247

3 pages

ROYAL COURT

(Samedi Division)

 

14^th December, 2000

Before: Sir Philip Bailhache, Bailiff,  and Jurats

Le Ruez and Le Breton

 

 

Jon Sebastian Fenn

 

-v-

 

                                                         The Attorney General                                                        

 

                                                                          

Magistrate's Court Appeal

 

Appeal against a total sentence, passed on 16^th November, 2000, of  7 months' and 3 weeks' imprisonment, £200 fine or 7 days' imprisonment in default of payment following guilty pleas to the following counts:

 

1 count of    criminally and fraudulently obtaining rent rebate by false pretences on which count a sentence of 5 months' imprisonment was passed.

 

1 count of    illegal entry on which count a sentence of 1 month's imprisonment was passed consecutive to sentence of 5 months.

 

3 counts of   theft, on each of which counts concurrent sentences of 1 month's imprisonment were passed             concurrent with sentences of 1month's imprisonment, but consecutive to sentence of 5 months'     imprisonment.

 

4 counts of   possession of a controlled drug (cannabis resin) contrary to Article 6 (1) of the Misuse of Drugs

                                    (Jersey) Law 1978, on 2 of which counts concurrent sentences of 1 week's imprisonment were passed,               consecutive to sentences of 6 months'; and on 2 of which concurrent sentences of 2 weeks' imprisonment were            passed,  consecutive to sentence of 6 months' and 1 week's imprisonment.

 

1 count of    exceeding parking time, on which count a fine of £20 or 7 days' imprisonment in default of payment was          passed.

 

8 counts of   parking without displaying parking card on each of which counts a fine of £20 or 7 days' imprisonment in         default of payment was passed.

 

1 count of    parking on the footway, on which count a fine of £20 or 7 days' imprisonment in default of payment was passed.

 

Breach of     a 1 year Probation Order made in Magistrate Court on 11^th February, 2000 on conviction of 2 counts of larceny                on which charge a sentence of 1 month's imprisonment was passed, consecutive to sentence of 6 months' and 3         weeks' imprisonment was passed.

 

Appeal dismissed.

 

 

Advocate S.E. Fitz for the appellant

            Advocate J. Martin on behalf of the Attorney General

 

 

JUDGMENT

 

 

THE BAILIFF:

1.    This is an appeal by Jon Sebastian Fenn against the sentence of 7 months' and 3 weeks' imprisonment imposed by the Magistrate on 16^th November, 2000, for various offences, the most serious of which was a fraud on the Housing Committee by obtaining rent rebate of £1,143 over a period of some 4 months for which offence he was sentenced to 5 months' imprisonment.   The appellant has a bad record of convictions for offences including offences of dishonesty and relating to drug abuse.   He has seven times been placed on probation and has breached those different orders on six occasions.   Even while on bail for the fraud on the Housing Committee he committed further offences of larceny and possession of cannabis.   He has been given numerous opportunities to reform himself but none has so far been taken.

 

2.    Miss Fitz realistically accepted that the sentence could not be described as manifestly excessive.   We would go further and say that the learned Magistrate approached the matter with evident care and imposed as lenient a sentence as was possible in all the circumstances.   Miss Fitz really put the case to us on the basis of a plea for mercy.   She drew our attention to a letter written by the appellant's mother which suggests that he has reached a turning point in his life.   We hope that that may be so but in our judgement that is not in itself a sufficient reason to set aside a sentence properly imposed by the Magistrate.   Many agencies are available to assist the appellant when he has served his sentence and we hope that he will take advantage of the offers for help that are available.   The appeal is accordingly dismissed.

Authorities

 

Chevalier -v- A.G.  (29^th September, 1994) Jersey Unreported C.of A.