Jersey Unreported Judgments

 2001/110

ROYAL COURT

(Samedi Division)

 

18th May 2001

 

The Attorney General

-v-

Antony David Donnelly;

Robin Andrew Hannah;

Ross Victor le Bail.

 

Sentencing by the Inferior Number of the Royal Court, to which the defendants were remanded on 11th April, 2001, following conviction at a criminal assize on:

 

1 count of:

conspiracy to defraud

 

Age:     Donnelly:         33.

            Hannah:           29.       

            Le Bail:            24.

 

 

Details of Offence:

All three were serving police officers at time of offence.  They conspired together to defraud Norwich Union of £18,000 being the estimated value of a 'Toyota Supra' car.  They took the car to a remote area in France and set fire to it.  They claimed that the car had been stolen from a car park in Angers town centre.  All three accused denied offences which led to an Assize trial.

 

Aggravating factors included:

Donnelly:         Serving police officer at the time offence committed; instigator and pivotal influence; had shown no remorse; his defence involved attack on the integrity of fellow officers; had made fraudulent claim.

Hannah:           Serving police officer at the time of offence; had attempted, with Donnelly, to set fire to the car; had shown no remorse.

Le Bail:            Serving police officer at time of offence; had provided getaway vehicle.

 

 

Details of Mitigation:

Donnelly:         First criminal offence; 12 years' service in police force.

Hannah:           First criminal offence; 4 years' service in police force; had lost career and pension rights.

Le Bail:            First criminal offence; 5 years' service in police force; relative youth.

 

 

Conclusions:

Donnelly:         4 years' imprisonment.

Hannah:           2 ½ years' imprisonment.          

Le Bail :           2 ½ years' imprisonment.  

 

 

Sentence and Observations of Court:

Donnelly:         2 years' imprisonment.

Hannah:           18 months' imprisonment.

Le Bail:            15 months' imprisonment.

 

Not a sophisticated attempt to defraud.  Not involving large sums of money.  Took delay before trial into account.

 

 

T.J. Le Cocq, Esq., Crown Advocate.

Advocate D.E. Le Cornu for A.D. Donnelly.

Advocate J.C.  Gollop for R.A. Hannah.

 Advocate M. St.J. O'Connell for R.V. Le Bail.

 

 

JUDGMENT

 

 

 

THE BAILIFF:

1.        The notion that serving police officers could plan to take a car to France, with a view to setting fire to it and submitting a fraudulent insurance claim, must have struck most right thinking people as incredible.  Yet, these defendants have been convicted of such an offence by the unanimous verdict of the jury.  False claims of innocence  caused former colleagues to undergo the unpleasant experience of giving evidence against them and brought further shame upon the States of Jersey Police.

2.        The Court has no doubt that custodial sentences must be imposed to mark, not only the seriousness of the offence, but also the aggravating feature of the trust which the community is entitled to place in police officers having been cynically broken.  Having said that, the Court must place the offence in context.  It was not a sophisticated fraud involving a large sum of money.  It was a bungled amateurish crime involving a relatively modest claim.  We also take account of the delay in bringing the prosecution to a conclusion.  We propose, therefore, to reduce the conclusions for which the Crown has moved.

3.        Donnelly, as the Crown Advocate has rightly said, you were the ringleader and organiser of it all.  You led your former colleagues into this morass.  You betrayed your office as a Police Constable.  You lied to and you betrayed your father.  You have shown no remorse for your actions, Nor for the pain which you have caused to others.  We have taken into account all the matters urged by your counsel and you are sentenced to two years' imprisonment.

4.        Hannah, your stupidity and your misplaced loyalty towards Donnelly have caused you to pay a heavy price for the crime in terms of your career, your prospects and most importantly your family.  We have taken account of everything which your counsel has said and the regrets that you expressed in your letter to us.  We think that a distinction can properly be drawn between you and Donnelly and you are therefore sentenced to 18 months' imprisonment. 

5.        Le Bail, you had nothing to gain from this foolish crime and a great deal to lose.  You have caused anguish to your mother and to your fiancée and you behaved  naively and stupidly  and from what we have read in the references supplied to us, your conduct was out of character.  But, even if you were on the periphery of this conspiracy you also behaved criminally and for that we have to punish you.  We feel able, as urged by your counsel, to make a small distinction between you and Hannah and you are accordingly sentenced to 15 months' imprisonment. 

6.        We understand why the Crown Advocate has moved for an Order for Costs against Hannah and Le Bail.  The documents which we have seen indicate that, for Hannah, a Costs Order would be inappropriate and we think that to single out Le Bail would be unfair and we, therefore, make no Order for Costs.  

 

 

 

 

Authorities

R-v-Mehboob (Chand) (2000) Cr App R 9S0 343

R-v-Ruelle (1981) Crim LR 425

R-v-Chamberlain (1992) 13 Cr App (S) 535

AG-v-Cooper (6th February 1988) Jersey Unreported

R-v-Turner (1983) 5 Cr App R (S) 44

R-v-Thomas (1994) 16 Cr App R (S) 539

R-v-Rankin and Irvine (1993) Cr App R (S) 636

R-v-Lewis (1976) Crim LR 144

AG-v-Saven (3rd April 1992) Jersey Unreported

AG-v-Cairns (15th January 1999) Jersey Unreported; [1999/6]

Thomas: Current Sentencing Practice: pp.23406-23411

R-v-Bedding & Ors (1994) 16 Cr. App. R (S) 101.

Drew-v-A.G. (6th September, 1988) Jersey Unreported.

A.G.-v-Nicolas and Charles (30th May, 1991) Jersey Unreported.