Jersey Unreported Judgments

 2001/111

ROYAL COURT

(Samedi Division)

 

18^th May 2001

 

 

The Attorney General

-v-

Lawrence Munks

 

1 count of:	Possession of a controlled drug, contrary to Article 6(1) of the Misuse of Drugs (Jersey) Law 1978. Count 1: Heroin.
1 count of:	Grave and Criminal Assault. Count 2.

 

Breach of a 1 year Probation Order, made in the Magistrate's Court, on 21^st February 2001, following a guilty plea to:

1 count of taking and driving away a motor vehicle without the owner's consent  (count 1).

1 count of obstructing police (count 2).

3 counts of larceny (counts 3, 4, 5).

4 counts of driving whilst disqualified and driving whilst uninsured (counts 6, 7, 8, 9).

 

Age:     20

 

Plea:    Guilty; Breach of Probation Order admitted.  

 

Details of Offence:

Count 1:      Searched whilst in La Maison St Louis Estate and found to be in possession of one wrap of heroin.

Count 2:      In retaliation to being punched, Munks punched his victim 10 times about head and body, including kicking him in the back and kneeing him in the head.

 

Aggravating factors included:

Count 1:      Denied knowledge of possession; showed no remorse; offences committed in breach of Probation Order which had been passed on him the day before; being in possession of Class A drug.

Count 2:      It was a sustained attack carried out in two stages.

Munks had numerous previous convictions including possession and had previously served a short sentence of Youth Detention.  The offences were committed in breach of Probation Order.

 

Details of Mitigation:

Count 1:      Youth and late guilty plea.

Count 2:      Youth; early guilty plea; remorse; there was some provocation; no weapon was used.

 

Conclusions:

Count 1:	6 months' Youth Detention.
Count 2:	18 months' Youth Detention, consecutive. Lower end of Mallet: 8 to 3 years, starting point of 4 years' detention, less approximately one-third for guilty plea (18 months); six months in consideration of youth; and six months for element of provocation.

 

Breach of Probation Order:

Probation Order to be discharged and following sentences substituted:

Count 1: 2 months' Youth Detention, 9 months disqualification from driving.

Count 2: 2 months' Youth Detention.

Counts 3, 4 and 5: 6 months' Youth Detention.

Counts 6, 7, 8 and 9: 4 months' Youth Detention; 18 months' disqualification from driving. 

All concurrent, but to follow consecutively the sentence moved for on the main indictment.

 

TOTAL: 2 ½ years' Youth Detention; 18 months' Disqualification from Driving.

 

Sentence and Observations of Court:

Count 1:	3 months' Youth Detention.
Count 2:	12 months' Youth Detention, consecutive

 

Sentences moved for by the Crown were right.  Court reduced sentence as act of mercy.  Because of breach, time spent on remand prior to Probation Order is not to be included in Youth Detention.

Breach of Probation Order:

Probation Order discharged, following sentences substituted;

Count 1: 2 months' Youth Detention; 9 months' disqualification from driving.

Count 2: 2 months' Youth Detention.

Counts 3, 4, 5: 3 months' Youth Detention.

Counts 6, 7, 8 and 9: 3 months' Youth Detention; 18 months' disqualification from driving.

All concurrent, but to follow consecutively the sentence passed on the main indictment.

 

TOTAL: 1 ½ years' Youth Detention; 18 months' disqualification from driving.

 

 

T. J. Le Cocq, Crown Advocate.

Advocate D. Gilbert for the accused.

 

 

 

JUDGMENT

 

 

THE BAILIFF:

1.      The sentences for which the Crown Advocate has moved are right and proper sentences for the offences which you have admitted.  We are, however, going to reduce the conclusions for three reasons.  First, we have read from the reports that you are a bright lad, that you have something to offer the community, and we hope that you will respond to the mercy which the Court is going to show in a rather more positive way than you did when you were placed on probation by the Magistrate's Court in February of this year.  Secondly, we take account of what your Counsel has told us in relation to the grave and criminal assault and in particular to your feelings of guilt towards O'Reilly and your decision not to press charges against him.  You are entitled to credit for that.  Thirdly, we take account of the fact that you have not served a long prison sentence before, although you have a bad record and we are, therefore, going to place more reliance on the totality factor than did the Crown Advocate. 

2.      The result of all that is that you will be sentenced on count 1 on the indictment to 3 months' Youth Detention and on count 2 of the indictment, for the grave and criminal assault, to twelve months' Youth Detention consecutive and on  the 9 charges for which you are in breach of probation, you will be sentenced on charge 1 to 2 months' Youth Detention, on charge 2 to 2 months', on charges 3, 4, 5, 6, 7, 8 and 9 to 3 months' Youth Detention.  All those sentences to run concurrently with each other, but consecutively to the first indictment, making a total of 18 months' Youth Detention.  We also order that you be disqualified from holding a driving licence for 18 months on those charges for which the Crown Advocate has moved and we order the forfeiture and destruction of the drugs and we hope that you will take advantage of the facilities in the prison to crack your dependency on drugs and to make something of your life when you come out.  We discharge the probation order.

 

Authorities

A.G.-v-Corcoran and Sutcliffe (22^nd April, 1998) Jersey Unreported.

A.G.-v-Wilkie (2^nd March, 2000) Jersey Unreported.

A.G.-v-Johnson (2^nd December, 1996) Jersey Unreported.

A.G.-v-Harris and Ors (30^th January, 1998) Jersey Unreported.

A.G.-v-Prior and Ors (25^th November, 1994) Jersey Unreported.