Jersey Unreported Judgments

 2001/56

ROYAL COURT

(Samedi Division)

 

2nd March, 2001

 

The Attorney General

-v-

Andrew Scott Page

22 counts of:	obtaining property by false pretences (counts 1-7, 10-15, 18-24, 26, 27);
3 counts of:	fraud (counts 8, 9, 17);
1 count of:	obtaining a meal by false pretences (count 16);
1 count of:	obtaining goods and money by false pretences (count 25);
2 counts of:	larceny (counts 28, 29);
1 count of:	attempting to pervert the course of justice (count 30).

 

[On 29th January, 2001, the Crown accepted not guilty pleas to counts 1, 8, 19, 21-24].

 

Admitted breach of a 1 year Probation Order, made by the Royal Court on 17th March, 2000, (see Jersey Unreported Judgment of that date) following guilty pleas to:

 

2 counts of larceny (counts 1, 2);

10 counts of obtaining property by false pretences (counts 3, 4, 6, 7, 9, 11, 12, 13, 15, 16);

4 counts of aiding/assisting/participating in obtaining property by false pretences (counts 5, 8, 10, 14).

 

Age:     21.

 

Plea:    Guilty.

 

Details of Offence:

The accused pleaded guilty to the fraudulent use of four credit cards belonging to a third party.  Between April and May 2000 the accused went on various shopping sprees where he obtained goods and services to the value of £2,614.  The accused committed this spree of offending only three weeks or so after having been placed on probation by the Royal Court for very similar credit card frauds.

 

Details of Mitigation:

The accused had experienced a difficult upbringing and had pleaded guilty, albeit very late in the day.

 

Previous Convictions:

The accused had a substantial criminal record involving 141 previous convictions for dishonesty.

 

Conclusions:

 

Count 2; 3; 4; 5; 6; 7; 9; 10; 11; 12; 13;14;15; 16; 17; 18; 20; 25; 26; 27:	18 months' imprisonment
count 28,  29:	15 months' imprisonment
count 30:	3 months' imprisonment.

 

All sentences to run concurrently, except for sentence passed on count 30, which is to follow consecutively.

TOTAL SENTENCE:  21 months' youth detention.

 

Breach of Probation Order:

Probation Order discharged.

Counts 1, 2: 15 months' imprisonment.

Counts 3-16: 16 months' imprisonment, concurrent with each other.

TOTAL SENTENCE: 16 months' imprisonment, consecutive to sentence passed on present indictment.

TOTAL SENTENCE:  3 years' and 1 month's imprisonment.

 

Sentence and Observations of Court:

 

The Crown's conclusions were granted, i.e. three years' and 1 month's imprisonment.  The Court stated that the accused was a reasonably intelligent young man who had wasted the opportunity given to him by the Court on the last occasion.  The accused was going to spend longer and longer periods in prison and this was a waste of his youth.  The Court had no choice other than to imprison him for a substantial period in view of the disregard he had had for the previous Court Order.  The Court felt that the Crown's conclusions were absolutely right and accordingly discharged the Probation Order which was made on the 17th March, 2000, and instead imprisoned the accused for a total period of sixteen months for the offences in relation to the original indictment and to a period of twenty-one months' imprisonment for the offences on the current indictment, with both sets of imprisonment to run consecutively, making a total term of imprisonment of three years' and one month.

 

M.  St. J. O'Connell, Esq., Crown Advocate.

Advocate D.R. Wilson for the accused.

 

 

JUDGMENT

 

THE BAILIFF:

1.        Page, stand up, please.  You are a reasonably intelligent young man and you are certainly intelligent enough to know that if you continue the way of life which you have chosen in the last few years, you will spend more and more time in prison.  It is a sad waste of your youth.

2.        The Court gave you an opportunity a year ago to make something of yourself and you spurned that opportunity.  We have no option but to impose a substantial custodial sentence.

3.        In our judgment, having taken into account all the things said by your counsel, the Crown Advocate's conclusions are absolutely right and give proper weight to the time spent on remand in custody and to the other mitigating factors.  We accordingly discharge the probation order and you are sentenced, on the offences for which you were placed on probation on 17th March, 2000, to a total of 16 months' imprisonment, that is to 15 months on each of counts 1-2, and 16 months on each of counts 3-16, in each case concurrent.  So far as the present indictment is concerned, you are sentenced to a total of 21 months' imprisonment made up of sentences of 18 months' imprisonment on all counts, except counts 28 and 29, on which you are sentenced to 15 months' imprisonment, and count 30, on which you are sentenced to 3 months' imprisonment.  Count 30 will be consecutive to the remaining sentences on the indictment and the total sentence of 21 months on the present indictment will be consecutive to the sentences imposed on the original indictment, making a total of 3 years' and 1 month's imprisonment.

 

 

Authorities

A.G.-v-Page (17th March, 2000) Jersey Unreported.

Graham-v-A.G. ( 1st October, 1996) Jersey Unreported CofA.

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

A.G.-v-Vaughan ( 28th May, 1999) Jersey Unreported.

A.G.-v-Lenton, Fannon ( 10th July, 1992) Jersey Unreported.

A.G.-v-Gracia & Anor ( 24th April, 1998) Jersey Unreported.