Jersey Unreported Judgments

[2004]JRC152

ROYAL COURT

(Samedi Division)

 

3^rd September 2004

 

 

The Attorney General

-v-

A.K.K.

 

 

1 count of:	Breach of the peace (Count 1).
5 counts of:	Taking motor vehicle without owner's consent, contrary to Article 28(1) of the Road Traffic (Jersey) Law 1956. (Counts 2, 7, 10, 13, 17).
5 counts of:	Driving whilst disqualified, contrary to Article 9(4) of the Road Traffic (Jersey) Law 1956. (Counts 3, 8, 11, 14, 18).
5 counts of:	Driving uninsured, contrary to Article 2(1) of the Motor Traffic (Third Party Insurance) (Jersey) Law, 1948.  (Counts 4, 9, 12, 15, 19).
1 count of:	Dangerous driving, contrary to Article 14(1) of the Road Traffic (Jersey) Law 1956. (Court 5).
1 count of:	Failing to stop motor vehicle when required to do so, contrary to Article 26(1) of the Road Traffic (Jersey) Law 1956.  (Count 6).
2 counts of:	Larceny (Counts 16, 20).
1 count of:	Attempting to take motor vehicle without owner's consent, contrary to Article 28(1) of the Road Traffic (Jersey) Law 1956. (Count 21).

Breach of 18 months' Probation Order made in Royal Court on 3^rd December, 2003 on Guilty pleas to 1 count each of Breaking and Entering, taking and driving away a motor vehicle, and attempted breaking and entering - [2003]JRC223; Probation Order continued by Royal Court on 2^nd April 2004 on Guilty pleas to 2 counts of malicious damage and 1 count of resisting police - [2004]JRC063.

 

Age:     18.

 

Plea:    Guilty.  Breach of Probation Order admitted.

 

Details of Offence:

The defendant was made the subject of an 18 month probation order in December 2003.  As his current offending put him in breach of that probation order, he was committed to the Royal Court for sentence.

 

In April 2004, police officers attended at the defendant's mother's address, following reports that the defendant had been threatening people, including his mother, with a baseball bat.  Count 1 reflected fears by the police officers that the defendant was going to assault them.

 

Between mid-June and mid-July 2004, and whilst on bail, the defendant embarked upon a campaign of taking and driving away various vehicles from various addresses around the Island (counts 2, 7, 10, 13 and 17).  He also attempted to take and drive away a vehicle by smashing a window and attempting to break the steering lock with a scaffolding pole, which he had brought with him for that purpose (count 21).  At the time, he was disqualified from driving (counts 3, 8, 11, 14 and 18) and was also without insurance (counts 4, 9, 12, 15 and 19).  During one such occasion, he was seen by police officers.  Although the officers tried to stop the defendant by turning on their siren and lights, he refused to pull over and a chase ensued (count 6).  The defendant was seen driving on the wrong side of the road and going at speeds of up to 50 mph (count 5).  During two other occasions, the defendant stole items from the cars, including a pair of sunglasses, a water pistol and the keys to the vehicle (total value approximately £20) (count 16) and a mobile telephone and the keys to the vehicle (total value approximately £60) (count 20).

 

Details of Mitigation:

Admitted guilt at earliest opportunity; although the defendant was 18 years at the time of sentencing, he was only 17 at the time of offending; difficult childhood; offences of an immature nature; expressed remorse.

 

Previous Convictions:

3 offences against the person; 2 offences against property; 8 theft and kindred offences; 1 public disorder offence; 3 offences relating to police / courts; 1 offence relating to possession of an offensive weapon; 9 miscellaneous offences.

 

Conclusions:

 

Count 1:	6 months' youth detention.
Count 2:	6 months' youth detention.
Count 3:	6 months' youth detention.
Count 4:	12 months' youth detention.
Count 5:	6 months' youth detention; 2 years' disqualification from driving.
Count 6:	No separate penalty sought.
Count 7:	6 months' youth detention.
Count 8:	6 months' youth detention.
Count 9:	12 months' youth detention.
Count 10:	6 months' youth detention.
Count 11:	6 months' youth detention.
Count 12:	12 months' youth detention.
Count 13:	6 months' youth detention.
Count 14:	6 months' youth detention.
Count 15:	12 months' youth detention.
Count 16:	1 week's youth detention.
Count 17:	6 months' youth detention.
Count 18:	6 months' youth detention.
Count 19:	12 months' youth detention.
Count 20:	1 week's youth detention.
Count 21:	6 months' youth detention, all concurrent.

 

Breach of Probation Order: 3 months' youth detention on each count, concurrent.

 

Sentence and Observations of Court:

Conclusions granted.

 

 

 

S. Baker, Esq., Crown Advocate.

Advocate J. Grace for the accused.

 

 

 

JUDGMENT

 

 

 

THE COMMISSIONER:

1.        You have a long history of criminal offences.  You have quite clearly failed to accept any of the help offered to you.  You have been behaving in a totally irresponsible way, not least by driving uninsured.  It is equally clear that you have taken no notice of court orders in the past.

2.        We have to take account of Article 4(2) of the Criminal Justice (Young Offenders) (Jersey) Law, 1994 which says:

"A court shall not pass a sentence of youth detention unless it considers that no other method of dealing with him is appropriate because it appears to the court that -

(a)       he has a history of failure to respond to non-custodial penalties and is unable or unwilling to respond to them; or

(b)       only a custodial sentence would be adequate to protect the public from serious harm from him; or

(c)       the offence or the totality of the offending is so serious that a non custodial sentence cannot be justified..."

3.        The circumstances are such that the Court considers that a sentence of imprisonment is unavoidable and indeed necessary and that all the conditions imposed by Article 4 (2) of that law are properly met in this case. 

4.        The Court, therefore, grants all the conclusions of the Crown, that is a totality of 12 months' youth detention and 24 months' disqualification from driving.  The Court has to warn you of the terms about Article 10 of the same law:

"(1)     Where a person who has been sentenced to a term of youth detention of four months or more is released from custody he shall on being so released be under the supervision of a supervisor who shall be either a probation officer or an officer of the Education Committee.

(2)       the period of supervision under paragraph (1) shall end with -

(a)       the date on which the person would have been released from custody if he had not been granted remission under the Prison (Jersey) Law 1957;

(b)       his twenty-second birthday,

whichever is sooner, but in any event shall not extend more than twelve months from the date of his release.

(3)       While a person is under supervision he shall comply with such written requirements as the Prison Board, after consultation with that person's supervisor, shall notify to him.

(4)       The Prison Board may, after consulting with the person's supervisor, at any time modify or cancel any of the requirements notified in accordance with paragraph (2) and shall give written notice to the person under supervision of any such cancellation or modification.

(5)       If a person who is subject to supervision under this Article fails without reasonable excuse to comply with any requirement or modified requirement notified to him under paragraph (1) or (2) he shall be guilty of an offence and liable to -

(a) a fine not exceeding five hundred pounds; or

(b) an appropriate custodial sentence for a period not exceeding thirty days."

5.        The matter, therefore, is not ended when you are released from custody.

6.        The Court wishes to add this, that in your life you now stand on the edge of a precipice, your life is before you. Do not ruin it by repeating these offences and spending the greater part of your life in prison.  That is no sort of a life for anybody.

Authorities

A.G. -v - AKK [2004]JRC063..

A.G.-v- James, CMP and AKK [2003]JRC224.