Jersey Unreported Judgments

 2001/218

ROYAL COURT

(Samedi Division)

 

26th October 2001

 

 

The Attorney General

-v-

Colin Paul Corcoran.

 

1 count of:

Robbery.

 

Age: 18.          

 

Plea:    Guilty.

 

Details of Offence:

Accused stole £25 from female victim, to whom he was a stranger, at knifepoint.  Victim terrified, but no physical injury apart from minor sprain caused in struggle with the accused.  Accused a heroin addict lately arrived in Jersey.  Claimed no recollection of the offence.

 

Details of Mitigation:

Youth: good character: guilty plea: remorse.  The sentencing band of 18 months to 5 ½ years in adult cases (per Whiteley) may merit some reduction in the young offender cases.  

 

Previous Convictions:

None.

 

Conclusions:

Count 1:

2 ½ years' Youth Detention.

 

 

Sentence and Observations of Court:

Conclusions granted.  General deterrence an important component in cases of this sort (per Superior Number in Whiteley and Gill).

 

 

 

C.E. Whelan, Esq., Crown Advocate.

Advocate R. Tremoceiro for the accused.

 

 

 

JUDGMENT

 

 

THE BAILIFF:

1.        This was a very serious offence of robbing at knife point which must have been a terrifying experience for the young woman who was threatened and expected that she was going to be stabbed.  It appears that the accused was seen loitering in the vicinity and there was, therefore, an element of deliberation.  The Courts must do what they can to protect members of the public going about their lawful business on the streets of the town.  The accused was under the influence of drugs of some kind, but that is, in fact, an aggravating factor.  He is aged eighteen and the provisions of the Criminal Justice Young Offenders (Jersey) Law 1994, therefore, apply.  We have no doubt, however, that this offence is so serious that a non custodial sentence cannot be justified.

2.        In mitigation, the accused is a first offender.  Furthermore, he has pleaded guilty and the Crown Advocate regards that plea as having particular value in the context of this case.  Defence counsel has reminded us that the plea was forthcoming at a very early stage.  The victim fortunately suffered no serious injury apart, obviously, from the shock of the attack.  The accused, as has also been said, is a very young man.  These are important mitigating factors.  We agree with the Crown Advocate that general deterrence is an important factor.  This Court must make it clear, as it has done in the past, that offences of this kind will attract immediate custodial sentences, usually of considerable length. 

3.        Corcoran, your Advocate has said on your behalf everything which could properly be said.  We have read your letter and we accept that you feel full of remorse for what happened.  We hope that you will succeed in conquering your addiction and that when you are released from custody you will make something of your life.  For the reasons which we have given we have, in the meantime, to punish you for this very serious crime.  The law requires me to explain to you the reason for imposing a custodial sentence which is that threatening someone at knife point and robbing her in broad daylight is so serious an offence that no other method of dealing with it is appropriate.  I have to tell you that when you have served your sentence you will be liable to supervision by  a probation officer, or some other officer.  The conclusions are granted and you are sentenced on the single count on the indictment to 2 ½ years Youth Detention. 

 

Authorities

AG-v-Whitely (18th June 1998) Jersey Unreported; [1998/126].

AG-v-Gill (3rd June 1999) Jersey Unreported; [1999/98].

AG-v-Corcoran (25th October 1996) Jersey Unreported.

AG-v-Davey and 2 Ors. (22nd November 1996) Jersey Unreported.

AG-v-Turner (20th June 1997) Jersey Unreported.

AG-v-Carboulec and Anor. (20th March 1998) Jersey Unreported; [1998/56]

AG-v-Monet & Le Feuvre (5th October 1998) Jersey Unreported; [1998/197]