Jersey Unreported Judgments

2001/20

3 pages

ROYAL COURT

(Samedi Division)

 

19^th January, 2001

 

Before:  M.C. St. J. Birt, Esq., Deputy Bailiff, and

Jurats Myles and Allo

 

The Attorney General

-v-

Horatio Bernardo Rocha Andrade

 

Sentencing by the Inferior Number of the Royal Court to which the defendant was remanded on 12^th December, 2000, following his conviction on that day at the criminal assize on:

 

2 counts of:    attempting to obtain money by false pretences (counts 4 and 21); and

15 counts of:  obtaining money by false pretences (counts 5-20 inclusive);

 

and following guilty pleas, entered on 15^th September, 2000, to three driving offences:

 

1 count of:     driving a motor vehicle without a licence, contrary to Article 3(1) of the Road Traffic (Jersey) Law, 1956, as amended (count 1);

1 count of:     using a motor vehicle uninsured, contrary to Article 2(1) of the Motor Traffic (Third Party Insurance) (Jersey) Law, 1948 (count 2);

1 count of:     taking and driving away a motor vehicle without the owner's consent, contrary to Article 28(1) of the Road Traffic (Jersey) Law, 1956 (count 3).

 

Age:   19.

 

Details of Offence:

 

Andrade stole cheques from his girlfriend's flat-mate which he cashed to the value of £3,281.  The defendant also took a cheque from a guest's room at the Grand Hotel where he was employed as a porter which he cashed.  He retrieved a discarded cheque-book from a resident's dustbin of a block of flats for which he was caretaker and unsuccessfully attempted to cash this.

 

Details of Mitigation:

 

Youth; the fact that the defendant had demonstrated since the last offence that he had made a concerted effort to turn his life around; and the considerable delay in bringing the case to Court.

 

Previous Convictions:

 

There were numerous previous convictions, including breaking and entry, aiding, assisting or participating in breaking and entry.

 

Conclusions:

 

Counts 4-21: 6 months' imprisonment on each count, concurrent.

Driving Offences: £150 fine on each count or 1 month's imprisonment, consecutive, in default of payment;

12 months' disqualification from driving.

 

Sentence and Observations of the Court:

 

Counts 4-21: 12 months' probation order, with 150 hours community service:

Compensation order: Alfonso Meats: £3,281; NatWest: £322.  1 month to pay; 4 months' imprisonment in default of payment.

Driving Offences: £75 fine on each count or 2 weeks' imprisonment, consecutive, in default of payment;

                            6 months' disqualification from driving.

 

 

N.M. Santos Costa, Esq., Crown Advocate.

Advocate Mrs. S.A. Pearmain for the Defendant.

 

 

JUDGMENT

 

THE DEPUTY BAILIFF:

 

1.            Having regard to all the circumstances, Andrade, you could expect to be sentenced to youth detention..  Over a short period in August/September, 1999, you cashed cheques in the approximate total value of £3,600 which did not belong to you.  Not only could you normally have expected youth detention, it is the view of this Court that the conclusions moved for by the Crown were too low.  For the number of offences which you committed, the sentence moved for should have been longer.

 

2.            However, there are exceptional circumstances in this case.  As we have said, these offences were committed as long ago as August and September of 1999, save, we think, for one.

 

3.            We have had the benefit of a letter from your current employer, Mr Letto.  That shows that there has been a complete transformation in your attitude and your approach since 1999.  We can tell you that - had it not been for that letter - you would have faced a sentence of youth detention.  The letter is a powerful document and it satisfies us that you have made real efforts to turn your life around; you are in regular employment, secure accommodation; you have been given a position of responsibility; you are fulfilling this well; and your contribution to the firm is appreciated by your work colleagues.  It is that and that alone which has persuaded us that, in these exceptional circumstances, we can deal with you by way of a non-custodial sentence.  The Court hopes you realise how fortunate you are and that you will repay the trust which Mr Letto and this Court is placing in you.

 

4.            The sentence of the Court is as follows.  For the motoring offences, which are counts 1, 2 and 3, there will be a fine of £75 on each count, with 2 weeks' imprisonment in default in each case, consecutive.  There will be a disqualification from driving of 6 months and you will have four weeks in which to pay the aggregate amount of the fines, which will need to be at the rate of £55-£60 per week in order to clear those fines within the four weeks.  On counts 4 to 21, we impose concurrent sentences of 12 months' unsupervised probation with a requirement to undertake 150 hours' community service within that period.

 

5.            We will make a compensation order - and I interpose here to counsel to say that our calculations show, Mr Costa, that in fact the figure was not quite as you gave it to us.  We think that the correct figure is £3,281 to Alfonso Meats plus £322 to NatWest.  We think that your figure of £3,281 is the aggregate figure, excluding the account in relation to NatWest.  We therefore make those two compensation orders.  We understand from your counsel that you will be receiving a loan in order to clear that so you will then have to pay a weekly/monthly figure to the person who is kindly lending you the money.  In the circumstances as suggested by your counsel, but with a small increase, we will give you one month in which to pay the compensation order, or four months' imprisonment in default of payment of the compensation order.  We repeat, you must count yourself lucky; we hope we never see you here again.

Authorities

 

 

A.G. -v- Chevalier (10^th March, 2000) Jersey Unreported.

 

A.G. -v- Dickison (7^th May, 1999) Jersey Unreported.

 

A.G. -v- Hamon (22^nd May, 1998) Jersey Unreported.