Jersey Unreported Judgments

[2004]JRC043

ROYAL COURT

(Samedi Division)

 

12^th March 2004

 

 

The Attorney General

-v-

James Thomas Clancy

Scott Leonard Furlong

 

 

James Thomas Clancy

 

6 counts of:

Breaking and entry and larceny (Counts 1, 2, 3, 5, 6 and 9).

 

[On 13^th February, 2004, the Crown withdrew counts 4, 7, and 8].

 

Breach of 9 month Probation Order, made on 22^nd August, 2003, in Magistrates' Court, on admitted breach of a previous 9 month Probation Order made on 25^th July, 2003 in the Magistrates' Court, following a guilty plea to 2 counts of common assault and admitted breach of a Binding Over Order made on 19^th March, 2003 in the Magistrates' Court on guilty plea to 1 count of malicious damage.

 

Age:     19.

 

Plea:    Guilty; breach admitted.

 

Details of Offence:

Spree of break-ins to garages of domestic premises o the outskirts of St. Helier.  Save in one case which involved musical instruments the items stolen comprised alcohol.  Crown proceeded on the basis that Clancy was the ringleader and entered the garages.  Furlong's secondary participation was limited to acting as lookout and helping carry away and drink the stolen alcohol.  

 

Details of Mitigation:

Youth.  Difficult backgrounds (particularly Furlong).  In both cases the admissions made by the accused during interview formed the basis of the charges against them.  Guilty pleas (of particular weight in light of admissions).  Value of property stolen not high (Clancy £1,011.50) and Furlong £296.50).  Type of property stolen (predominantly alcohol) meant distress caused to victims not as high as it might otherwise have been.  Remorse (in both cases).  Clancy responding well to structured probation supervision following 9 month probation order imposed for offending which post-dated commission of the instant offences.

 

Previous Convictions:

Record including a conviction for breaking and entry.  He had so far been dealt with by way of non-custodial measures.

 

Conclusions:

Discharge of existing probation order, made in Magistrates' Court on 22^nd August, 2003, and its replacement by a 2 year Probation Order, with conditions attached.

 

Sentence and Observations of Court:

Conclusions granted.

 

Scott Leonard Furlong

 

4 counts of:

Breaking and entry and larceny (Counts 3, 5, 6 and 9).

 

[Counts 1 and 2 were laid against co-defendant only; on 13^th February, 2004, the Crown withdrew counts 4, 7, and 8].

 

Age:     19.

 

Plea:    Guilty.

 

Details of Offence:

See Clancy above.

 

Details of Mitigation:

See Clancy above.

 

Previous Convictions:

An appalling record of previous convictions including convictions for illegal entry with intent to commit a crime, larceny, taking and driving away a motor vehicle, breaking and entry and committing crime, illegal entry with intent to commit a crime, receiving stolen goods, being found drunk on property belonging to another and being drunk and disorderly.

 

Conclusions:

6 months' youth detention on each count, concurrent.  (Given time spent on remand, will result in immediate release).

 

Sentence and Observations of Court:

6 months Probation Order, concurrent on all counts.

Offending would normally merit custodial sentence of youth detention but Court minded to help maintain apparent progress.

 

 

A. J. Belhomme, Esq., Crown Advocate.

Advocate C.M. Fogarty for J.T. Clancy.

Advocate J. Bell for S.L. Furlong.

 

 

 

JUDGMENT

 

 

THE DEPUTY BAILIFF:

1.        Clancy, you broke into six garages between April and June of last year, and stole mostly drink for your own consumption.  You have a bad record and this would normally result in your going to youth detention.  You were placed on probation in August last year, and it is clear from the reports we have read that you have made really good progress and, of course, these offences took place before you were placed on probation in August.

2.        We do not think it would be right to send you to youth detention now for these offences which were committed before you were placed on probation.  We want to try and maintain the good progress.  So we are going to place you on probation.  We are going to discharge the existing Order and place you on probation for 2 years and we hope you will continue the progress you are making.  We must warn you, of course, that if you do commit any further offences, or if you do not turn up to probation or otherwise do everything the Probation Officer says then you will be brought back here and the inevitable consequence then is that you are likely to be sent to youth detention.

3.        Furlong, you have heard what we wanted to say on this matter.  You normally would have gone to youth detention for a matter like this, but we really want to help maintain the progress which you have been making and, with the support of the Probation Service and your mentor, we hope that can be maintained.

4.        We are going to place you on probation for six months.  We will not impose any conditions, but of course, you will have to do what the probation officer tells you in terms of programmes and certainly I think they want you to attend the SMART programme, and you will have to do that if they tell you to.

5.        You must realise, of course, that after being placed on probation if you re-offend you will come back here and you will probably then end up going to youth detention.  We very much hope that you will maintain the progress you have made.  Whenever you feel in trouble you must contact the probation officer or your mentor; they are there to help you, and on that basis we will impose a probation order of six months concurrent on all counts, and we hope that you will maintain the progress you are making.

Authorities

Whelan: Aspects of Sentencing in the Superior Courts of Jersey (2^nd Ed'n): paras 372 - 385.