Jersey Unreported Judgments

[2004]JRC091

ROYAL COURT

(Samedi Division)

 

21^st May 2004

 

 

The Attorney General

-v-

Trevor James Billingsley

 

 

16 counts of:

Larceny; 269 other offences taken into account.

 

 

Age:     55.

 

Plea:    Guilty.

 

Details of Offence:

Billingsley stole approximately £145,000 worth of antiques including jewellery, and china.  He stole them whilst working as a porter for Bonham & Langlois.  The antiques were stolen from the estate of Aileen Tafler (deceased).  That estate was being stored at the auctioneers Bonham's.  The beneficiary of the estate was in Curatorship.  Over a period of approximately 12 months Billingsley stole antiques from the Tafler estate and sold them on.  He sold the goods for approximately £23,000.  They were sold to other dealers in exchange for cash and cheques.  Billingsley initially denied the offence in interview, then made partial admissions.  He pleaded guilty to 16 counts of larceny when presented with the full prosecution evidence.  He asked that 269 other counts be taken into consideration.

 

Details of Mitigation:

Previous good character.  Guilty plea.  Didn't steal to fund lavish lifestyle.  For example one item was sold to pay for son's dental treatment.  Remorse.  Found it difficult to cope with fact that goods were of sentimental value to the deceased's family.  Any period of custody would have massive impact on man of his age and previous good reputation.

 

Previous Convictions:

None

 

Conclusions:

2½ years' imprisonment on each count, concurrent.

 

 

Sentence and Observations of Court:

2 years' imprisonment.  The Court always took breach of trust cases very seriously.  A custodial sentence was inevitable. The sentimental value of the good stolen was as important as the market value.

 

 

 

S.M. Baker, Esq., Crown Advocate.

Advocate J.C. Gollop for the Defendant.

 

 

 

 

JUDGMENT

 

 

 

THE commissioner:

1.        This Court has always regarded breach of trust as one of the more serious offences that it has to deal with. 

2.        The Crown has taken a market value of £144,360 as the value of goods stolen and even when some of these goods have been recovered there is still an estimated £106,360 missing from an estate, which was entrusted to the firm at which Billingsley worked.

3.        As Mr Gollop has pointed out the true value is very difficult to ascertain.  We need really to say that the sentimental value is perhaps of much greater import.

4.        Crown Advocate Baker has outlined how the valuable collection of jewellery, china, glass, silver ware and antiques were plundered over a period of time.  This has no doubt caused much concern to the reputable firm which employed Billingsley and, of course, it must also have caused great concern to those staff who were at one time under suspicion. 

5.        Billingsley only made partial admissions over 4 interviews, but to his credit he has eventually pleaded guilty from his first appearance in Court and he has given the fullest details possible of what he has stolen.  He is of good character and he is aged 55.

6.        We have carefully examined the cases, but in particular the sequence of questions set out in Barrick (1985) 81 Cr.App.R. 78 and of course we have taken into account Mr Gollop's carefully reasoned answers to those questions.

7.        Billingsley eventually pleaded guilty, but despite everything Mr Gollop has said we are not prepared to consider anything other than a custodial sentence. 

8.        Mr Billingsley has been in prison for 7½ months which is equivalent to 11 months and 7 days.  Despite your unblemished record, your age, the references which have been supplied, your remorse and regret, and the family life which has been much affected, we cannot find exceptional circumstances to justify anything other than a prison sentence.

9.        We have looked most carefully at the 2½ years recommended by the Crown.  This was a very serious offence, but the mitigation put forward by Mr Gollop does allow us to reduce your sentence.  We are therefore going to sentence you to 2 years' imprisonment which includes the time you have spent in custody already.

Authorities

Whelan: Aspects of Sentencing in the Superior Courts of Jersey (2^nd Ed'n): pp. 183-191.

Criminal Procedure (Taking Offences into Consideration) (Jersey) Rules 2000.

Barrick (1985) 81 Cr.App.R. 78