Jersey Unreported Judgments

[2003]JRC111

ROYAL COURT

(Samedi Division)

 

4^th July 2003

 

 

The Attorney General

-v-

Edward George Sandland

 

First Indictment

 

1 count of:	Larceny (count 1).
1 count of:	Breaking and entering and larceny (count 2).

 

Second Indictment

 

1 count of:

Assault (count 1).

 

Breach of first 12 months probation order, made in Magistrate's Court on 28^th November, 2002, following breach of a 50 hour Community Service Order made after conviction on charges of malicious damage, resisting arrest, and being drunk and disorderly; and breach of a second 12 month Probation Order (concurrent) also made on 28^th November, 2002, in the Magistrate's Court, following conviction on a further count of larceny.

Age:     21.

 

Plea:    Guilty.

 

Details of Offence:

In October 2002 the Defendant had entered Battricks with a co-accused and stolen a designer shirt worth £90.85 (Count 1).  He was arrested later that day still carrying the shirt in a bag. 

While on bail for that first offence he was walking past Le Quesne's Pharmacy in the early hours when he noticed a broken widow.  He entered the chemist and stole approximately 1500 tablets, including diazepam and flurazepam.  He was arrested at his flat the following day, where Police recovered the majority of the tablets.  The defendant initially denied stealing the medication, and said that he had bought it from someone.  His fingerprints were later found inside the shop.

While on bail for that second offence he committed an assault on a bouncer in St Helier, throwing one punch at him after the two had become involved in a verbal altercation.  Only minor injuries were sustained, but the offence caused him to be in breach of a Probation Order resulting from previous convictions for larceny, malicious damage, drunk and disorderly and to resisting arrest.

 

Details of Mitigation:

Guilty plea, residual youth, no intention to supply stolen tablets.

 

Previous Convictions:

8 convictions comprising 28 offences.  Notably three previous convictions for illegal entry with intent.  Numerous offences of dishonesty.

 

Conclusions:

 

Count 1:	1 month's imprisonment.
Count 2:	2 years' imprisonment; concurrent.

 

Second Indictment

 

Count 1:

3 months' imprisonment, consecutive to First Indictment sentences.

 

Breach of Probation Orders:        1^st Probation Order: 1 months' imprisonment concurrent on all counts.

                                                2^nd Probation Order: 1 months' imprisonment consecutive.

Sentence and Observations of Court:

 

First Indictment

 

Count 1:	1 month's imprisonment.
Count 2:	2 years' imprisonment, concurrent.

 

Second Indictment

 

Count 1:

2 months' imprisonment, consecutive to First Indictment Sentences.

 

Breach of Probation Orders: 1^st and 2^nd Probation Orders:  1 month concurrent on all counts but consecutive to sentences passed on First and Second Indictments.

Total: 27 months' imprisonment.

Court disagreed with defence counsel submission that facts place defendant below Gaffney guidelines.  In fact, this case was more serious than Gaffney.  Court accepted however that assault was at lower end of scale.

 

C.M.M. Yates, Esq., Crown Advocate.

Advocate J Grace for the Defendant.

 

 

 

JUDGMENT

 

 

THE DEPUTY BAILIFF:

1.        You pleaded guilty to one offence of shoplifting and to illegal entry of a pharmacy during which you took some 1,300 medication tablets.  Subsequently, whilst on bail for these offences and in breach of a Probation Order, you assaulted a doorman at the Royal Yacht by punching him once.

2.        In mitigation, we take into account your guilty plea albeit that you denied some of the offences initially, your residual youth, and the contents of the Social Enquiry Report.  Your counsel has submitted that for the illegal entry we should move below the Gaffney (5^th June, 1995) Jersey Unreported; [1995/10] guidelines, but in our judgment where there is a break in or illegal entry into a pharmacy with the stealing of drugs this takes it above the Gaffney guidelines because it is an aggravating feature.  In our judgment the correct sentence for that is two years.  We do, however, accept that the assault was at the lower end of the scale and we propose to reduce that a little.  In addition we consider that all the offences for breach of probation should be concurrent.

3.        The sentence of the Court is as follows:  On the First Indictment, Count 1: 1 month's imprisonment, concurrent.  Count 2: 2 years' imprisonment, concurrent.  On the Second Indictment, on the charge of assault: 2 months' imprisonment, consecutive.  For the breaches of probation for all 5 offences 1 month's imprisonment concurrent with each other, but consecutive to the other sentences.  This makes a total of 27 months' imprisonment.

Authorities

A.G. -v- Gaffney (5^th June, 1995) Jersey Unreported: [1995/10].

Larcher [1979] 1 Cr. App. R (S) 137.

A.G.-v- Higham (17^th March, 2000) Jersey Unreported; [2000/48].