Jersey Unreported Judgments

2002/231

ROYAL COURT

(Samedi Division)

 

5^th December, 2002

 

 

The Attorney General

-v-

John Joseph Alexander;

Andrew Scott Page.

John Jospeh Alexander

 

1 count of:	Receiving, hiding or withholding stolen property (count 1);
1 count of:	Breaking and entering and larceny (count 2);
1 count of:	Driving without a licence, contrary to Article 3 of the Road Traffic (Jersey) Law 1956 (count  3);
1 count of:	Driving without insurance, contrary to Article 3 of the Motor Traffic (Third Party Insurance)(Jersey) Law 1948 (count 4);
1 count of:	Possession of a controlled drug, contrary to Article 6(1) of the Misuse of Drugs (Jersey) Law 1978: (count 5) diamorphine.

 

Age:     28

 

Plea:    Guilty.

 

Details of Offence:

Count 1: Found in possession of goods stolen from Spar (Channel Islands) Limited, namely two cash till trays and £200 in cash.

Count 2:  With another person, broke into the forecourt shop of Roberts Garage Limited, Springfield, by  pushing a shopping trolley through the forecourt window and stole £600 in cash wrapped in money bags and two £20 Freedom telephone top up cards from the safe.

Count 3: Was stopped in Val Plaisant driving a green BMW whilst not licensed to drive that vehicle.

Count 4: Was stopped in Val Plaisant driving a green BMW whilst there was not a policy of insurance for him to drive that vehicle.

Count 5: Searched at Police Headquarters and found to be in possession of 198mg of heroin with an approximate street value of £70-£80.

 

Aggravating factors

Counts 1 & 2: Numerous previous convictions including 41 for dishonesty offences.

Premeditated and professional manner.  Knowldege of the location of the safe key.

Counts 3-5: Previous convictions for Class A drug possession and driving whilst disqualified from doing so.

 

Details of Mitigation:

Count 1: Youth. Guilty plea.  No victims traumatised.

Count 2: Youth. Guilty plea.  No victims traumatised.

Count 3: Youth.  Early guilty plea.

Count 4: Youth.  Early guilty plea.

Count 5: Youth.  Early guilty plea.

 

Conclusions:

Count 1:	15 months' imprisonment.
Count 2:	18 months' imprisonment.
Count 3:	£200 fine or 2 weeks' imprisonment, in default of payment; 12 months' disqualification from driving.
Count 4:	2 months' imprisonment; 12 months disqualification from driving.
Count 5:	2 months imprisonment, all concurrent.

 

Total: 18 months' imprisonment; £200 fine or 2 weeks imprisonment, in default of payment; 12 months' disqualification from driving.

 

Sentence and Observations of Court:

 

Conclusions granted.

 

Andrew Scott Page

 

2 counts of:	Receiving, hiding or withholding stolen property (counts 6 & 7);
1 count of:	Malicious damage (count 8);

 

Age:     23.

 

Plea:    Guilty.

 

Details of Offence:

Count 6: Found in possession of goods stolen from Spar (Channel Islands) Limited, namely two cash till trays and £200 in cash.

Count 7: Found in possession of goods stolen from Roberts Garage Limited, namely £600 in cash and two Jersey Telecoms Freedom phonecards to the value of £37.

Count 8:  Used a chair and his fists to damage an interview room door at Rouge Bouillon Police Headquarters to the estimated value of £80.

 

Aggravating factors

Counts 6-8: Very poor criminal record, numerous dishonesty offences including those to which he was sentenced in the Royal Court in March 2001.

 

Details of Mitigation:

Count 6: Residual youth.  Guilty plea.

Count 7: Residual youth.  Guilty plea.

Count 8: Residual youth. Early guilty plea.

 

Previous Convictions:

 

Conclusions:

 

Counts 6:	15 months' imprisonment.
Count 7:	15 months' imprisonment, concurrent.
Count 8:	1 month's imprisonment, consecutive.

 

Total:  16 months' imprisonment.

 

Sentence and Observations of Court:

Conclusions granted.

 

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

Advocate S. J. Young for J.J. Alexander.

Advocate A.J.D. Winchester for A.S. Page.

 

 

JUDGMENT

 

 

THE BAILIFF:

1.        Alexander, you have pleaded guilty to breaking into and stealing from Roberts Garage.  This was a professional if not a particularly sophisticated crime.  You have an appalling record and, as the Crown Advocate rightly said, you appear to be a career criminal.  There is no evidence that we can see of any remorse.  In mitigation we have taken into account your guilty plea.  In our judgment the conclusions are right and you are sentenced on count 1, to 15 months' imprisonment; on count 2, to 18 months' imprisonment; on count 3, you are fined £200 or 2 weeks' imprisonment; on count 4, to 2 months' imprisonment; on count 5, to 2 months imprisonment, all those sentences to be concurrent and you are disqualified for holding a driving licence for a period of 12 months.

2.        Page, you too are a professional criminal with a long record of offending.  You were in possession of goods stolen from Spar and from Roberts Garage very shortly after the principal offences were committed.  You declined to co-operate with the Police and to answer any relevant question put by them.  It is true that the goods are of a relatively low monetary value and you have pleaded guilty to the indictment and you have some residual mitigation for youth. 

3.        We have considered whether the indication given by the Magistrate, assuming that it was given, that he would be prepared to deal with your case had you not been indicted with Alexander, has any bearing.  We have taken it into account but we do not think that you have any justifiable reason for feeling aggrieved.  You were sharing a tent with Alexander and you must have been aware of how and when he acquired the goods and money from Roberts Garage.  In short, you were very close to the principal offender.  It has been often said that if there were no receivers there would be much less thieving. 

4.        We have read the letter written about your girlfriend.  It is a sad fact that when people commit crimes their actions affect those closest to them.  We can see no justification for distinguishing between you and Alexander in relation to the receiving of property stolen from Spar.  The conclusions are accordingly granted.  You are sentenced on count 6, to 15 months' imprisonment; on count 7, to 15 months' imprisonment; on count 8, to 1 month's imprisonment consecutive, making a total of 16 months' imprisonment.

Authorities

R. -v- Webbe & Ors [2002] 1 Cr.App.R.(S) 22.

Wylie -v- A.G. (17^th January, 2002) Jersey Unreported; [2002/13].

A.G. -v- Vaughan & Lavery (28^th May, 1999) Jersey Unreported; [1999/92].