Jersey Unreported Judgments

[2004]JRC012

ROYAL COURT

(Samedi Division)

 

16^th January, 2004.

 

 

The Attorney General

-v-

Michael Rodrigues de Sousa

and

L.C.M.

 

Michael Rodrigues de Sousa

 

First Indictment

 

1 count of:	driving under the influence of drugs, contrary to Article 16(1) of the Road Traffic (Jersey) Law, 1956 (count 1);
3 counts of:	driving without a licence, contrary to Article 3(1) of the Road Traffic (Jersey) Law, 1956 (count 2, 8, 14);
3 counts of:	driving uninsured, contrary to Article 2(1) of the Motor Traffic (Third Party Insurance) (Jersey) Law, 1948 (count 3, 7, 13);
1 count of:	breaking and entering and larceny (count 4);
2 counts 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 5, 11);
1 count of:	failing to stop and report an accident, contrary to Article 27 of the Road Traffic (Jersey) Law, 1956 (count 9);
2 counts of:	driving above alcohol limit, contrary to Article 16A(1) of the Road Traffic (Jersey) Law, 1956 (count 10, 15).

 

 

Second Indictment

 

17 counts of:

obtaining goods by false pretences.

 

 

Age:     21.

 

Plea:    Guilty.

 

Details of Offence:

 

First Indictment

Counts 1, 2 and 3:  De Sousa was driving a vehicle during the day with a passenger.  An Officer on police patrol noted that he was driving with his eyes almost shut.  When stopped and arrested he was later found by the Police Surgeon to be unfit to drive due to being under the influence of drugs. 

 

Counts 4 and 4a:  De Sousa had no licence or insurance.   De Sousa and L.C.M. broke into a garage on Route Orange, stole a box containing a number of keys for vehicles parked outside the garage.

 

Counts 5 to 10:  De Sousa took and drove away a blue convertible MG sports car.  L.C.M. allowed himself to be carried.  The two drove at speed along Route Orange, down La Marquanderie Hill, and crashed the vehicle at the bottom of the hill.

 

Counts 11 to 15:  The two Defendants then returned to the same garage and stole another vehicle, a grey Mitsubishi Shogun and removed the stereo from its housing leaving it in the footwell of the car.  The Defendants were stopped by Police Officers in the early hours of the morning.  L.C.M. absconded and De Sousa was arrested.  A roadside breath test was positive and the Lion Intoximeter gave a lowest reading of 68 in the breath.

 

Counts 16 and 17:  L.C.M. drove a red scooter whilst under age and without insurance.

 

Second Indictment

Between 7^th September, 2002 and 26^th November, 2002 de Sousa went on a spending spree around St. Helier using a cheque book in his own name, in which there were no funds.  He purchased goods from various retail outlets to a total value of £5,281.65, committing 17 separate offences.

 

Details of Mitigation:

Youth.  Guilty pleas.  Co-operation re joint indictment; eventual co-operation re false pretences.

 

False pretences charges committed to fund heroin habit which at one time reached 300 a day.  Difficult childhood.  4 months, 28 days equivalent sentence on remand.  De-toxed during this time.  Undertaking courses in maths, English, and woodwork at prison.

 

Previous Convictions:

5 previous convictions comprising 19 offences mainly involving theft or fraud.

 

Conclusions:

 

First Indictment

 

Count 1:	12 months' imprisonment; 36 months' disqualification from driving
Count 2:	£100 fine or 1 week's imprisonment in default of payment
Count 3:	12 months' imprisonment; 24 months' disqualification from driving
Count 4:	6 months' imprisonment
Count 5:	12 months' imprisonment
Count 7:	12 months' imprisonment; 24 months' disqualification from driving
Count 8:	£100 fine or 1 week's imprisonment in default of payment
Count 9:	3 months' imprisonment
Count 10:	12 months' imprisonment; 36 months' disqualification from driving
Count 11:	12 months' imprisonment
Count 13:	12 months' imprisonment; 24 months' disqualification from driving
Count 14:	£100 fine or 1 week's imprisonment in default of payment
Count 15:	12 months' imprisonment; 36 months' disqualification from driving

 

 

Second Indictment

 

18 months' imprisonment on each count concurrent.

 

Compensation Order for £7,233.84 sought.

 

 

Sentence and Observations of Court:

 

First Indictment

 

Count 1:	6 months' imprisonment; 36 months' disqualification from driving
Count 2:	£100 fine or 1 week's imprisonment in default of payment
Count 3:	6 months' imprisonment; 24 months' disqualification from driving
Count 4:	6 months' imprisonment
Count 5:	12 months' imprisonment
Count 7:	6 months' imprisonment; 24 months' disqualification from driving
Count 8:	£100 fine or 1 week's imprisonment in default of payment
Count 9:	3 months' imprisonment
Count 10:	6 months' imprisonment; 36 months' disqualification from driving
Count 11:	12 months' imprisonment
Count 13:	6 months' imprisonment; 24 months' disqualification from driving
Count 14:	£100 fine or 1 week's imprisonment in default of payment
Count 15:	6 months' imprisonment; 36 months' disqualification from driving

 

 

Second Indictment

 

Conclusions granted. 

 

All sentences concurrent save that sentences passed on count 4 of the first indictment to be served consecutively.

 

Total: 2 years' imprisonment; 36 months' disqualification from driving.

 

 

 

L.C.M.

 

First Indictment

 

1 count of:	aided, assisted or participated in breaking and entering and larceny (count 4A);
2 counts of:	being carried in a motor vehicle without the owner's consent, contrary to Article 28(1) of the Road Traffic (Jersey) Law, 1956 (count 6, 12);
1 count of:	using a motor vehicle uninsured, contrary to Article 2(1) of the Motor Traffic (Third Party Insurance) (Jersey) Law, 1948 (count 16);
1 count of:	driving under age, contrary to Article 13 of the Road Traffic (Jersey) Law, 1956 (count 17).

 

Breach of a 100 hours' Community Service Order made on 19^th August, 2003 in the Magistrate's Court, following conviction on 1 count of driving without a licence and 1 count of driving uninsured, and admitted breach of a 1 year's Probation Order with 90 hours' Community Service made on 22^nd July, 2003 in the Magistrate's Court on guilty pleas to 2 counts of malicious damage, 1 count of taking and driving away a motor vehicle without the owner's consent, and 1 count of breaking and entering with intent.

 

Age:     16.

 

Plea:    Guilty, breach admitted.

 

Details of Offence:

See de Sousa (above).

 

Details of Mitigation:

Youth; guilty pleas; co-operation at interview.

 

Previous Convictions:

11 convictions comprising 27 offences mainly relating to theft.  In breach of Probation and Community Service Orders.

 

Conclusions:

 

First Indictment

 

Count 4A:	6 months' Youth Detention
Count 6:	3 months' Youth Detention, consecutive, 18 months' disqualification from driving
Count 12:	3 months' Youth Detention, concurrent; 18 months' disqualification from driving
Count 16:	3 months' Youth Detention, consecutive; 18 months' disqualification from driving
Count 17:	3 months' Youth Detention, concurrent; disqualification from driving
Discharge of Community Service and Probation Orders without further penalty; all disqualification from driving concurrent,
TOTAL:	12 months' Youth Detention; 18 months' disqualification from driving

 

 

 

Sentence and Observations of Court:

 

First Indictment

 

Conclusions granted.

 

 

Mrs S. Sharpe, Crown Advocate.

Advocate R. Juste for M. R. de Sousa.

Advocate M. L. Preston for L.C.M..

 

 

 

JUDGMENT

 

 

THE DEPUTY BAILIFF:

1.        De Sousa, you are before the Court for seventeen offences of obtaining goods worth over £5,000 by deception, together with breaking and entering and various motoring offences.  You have a poor record; you have committed many similar offences in the past.  Much of your offending is driven by your heroin addiction.  Your counsel has realistically accepted, and you have realistically accepted, that there is really no alternative to prison at the moment.  But we do take into account your guilty plea, which stands to your credit, your age, all the background reports that we have read and the letter that you have written and the other letter that we received.  We note your desire to conquer your heroin addiction and your determination to do so whilst in prison and we very much hope that you will succeed in doing that because unless you can, you will find yourself going back to prison over and over again.  That is what lies at the heart of your difficulty.  We also are pleased to note the efforts you are making in other directions in prison such as taking various courses so that you will be in a position to obtain employment when you come out.  What we have to do is look at the total length of sentence suggested by the Crown and we have to say that we think it is correct.  There will be one or two minor alterations but the sentence for you is as follows: on the first indictment; count 1, six months', count 2, £100 fine or one week in default; count 3, six months'; count 4, six months'; count 5, twelve months'; count 7, six months'; count 8, £100 fine or one week in default; count 9, three months'; count 10, six months'; count 11, twelve months'; count 13, six months'; count 14, £100 fine or one week in default; count 15, six months'.  All of those to be concurrent with sentences passed in the second indictment save for that of the breaking and entering on count 4 which is to be consecutive, making therefore two years in total.  On the second indictment; 18 months' imprisonment, concurrent on all the counts.  Now as to disqualification, we would have liked to have reduced the disqualification because we note your wish to be a mechanic and we think that three years is a long time.  Unfortunately the law prevents us from doing so.  Where a person commits a second offence of driving after consuming excessive alcohol or drugs, the law makes a three-year disqualification mandatory.  It is simply not open to us to reduce the periods of disqualification asked for by the Crown.  As moved for by the Crown, they shall be as follows:  three years, count 1; two years, count 3; two years, count 7; three years, count 10; two years, count 13; three years, count 15.  That is the sentence of the Court.

2.        L.C.M., you have an appalling record for somebody of your age.  You have been before the Court on eleven separate occasions, usually for several offences each time.  You have repeatedly been given opportunities by the Youth Court in terms of probation and binding overs but you have not taken advantage of any of them.  We are quite satisfied there is no alternative to Youth Detention in view of your failure to respond to non-custodial penalties.  You too have a problem with drug and alcohol and we hope that you can address that.  Mitigating factors to be taken into account are your youth, your guilty plea, your co-operation, and the efforts you too are making in Youth Detention to try and better yourself.  We note Mr Preston's point about the sentence on the breaking and entering charge and that your role was a lesser one but even someone who keeps a lookout is equally responsible.  Again, we have looked a the total and we agree with the Crown that twelve months' is correct and we therefore grant the conclusions of the Crown, namely, count 4a, six months'; count 6, three months'; count 12, three months'; count 16, three months'; count 17, three months'; counts 4a and 6 to be consecutive; count 12, concurrent; count 16, consecutive; count 17, concurrent, making a total therefore of twelve months' Youth Detention.  In relation to disqualification, in view of your age, we think we can reduce the period asked for by the Crown a little and we therefore order disqualification of 18 months' on all the relevant counts for you; those are count 6, 12, 16 and 17 and we also discharge the Probation Order.  We do not make a Compensation Order in either case.

3.        Mr Preston, will you inform L.C.M. that he may be subject to supervision when he is released.

No Authorities