Jersey Unreported Judgments

[2004]JRC166

ROYAL COURT

(Samedi Division)

 

17^th September 2004

 

 

The Attorney General

-v-

Neil Christian Marett;

Dale Edward Riddell.

 

Neil Christian Marett

 

1 count of:	Taking and driving away a motor vehicle, without owner's consent, contrary to Article 28 (1) of the Road Traffic (Jersey) Law 1956 (Count 1).
1 count of:	Driving whilst disqualified contrary to Article 9 (4) of the Road Traffic (Jersey) Law 1956. (Count 2)..
1 count of:	Driving uninsured, contrary to Article 2 (1) of the Motor Traffic (Third Party Insurance) (Jersey) Law, 1948. (Count 3).
1 count of:	Dangerous driving, contrary to Article 14 (1) of the Road Traffic (Jersey) Law 1956. (Count 4).
1 count of:	Failing, without reasonable excuse, to provide breath specimen, contrary to Article 16C(7) of the Road Traffic (Jersey) Law 1956. (Count 5).
1 count of:	Breaking and entering and larceny.  (Count 6).

 

 

Age:     28.

 

Plea:    Guilty.

 

Details of Offence:

During the evening of 21^st January, and early hours of 22^nd Marett and Riddell stole a car from Liberation Court in St Helier.  Marett was intoxicated.  Later that night allegedly accompanied by two other males they broke into Spar Supermarket at St Lawrence.  Marett received goods to the value of £157.68.  Riddell assisted in the break and entry.  After the break and entry Marett and Riddell drove into town where the vehicle was drawn to the attention of the police on account of the fact that its lights were not illuminated.  The police followed the car and activated the blue light indicating the vehicle to stop.  The officers followed the car which was driven at speed weaving from side to side, driving on the wrong side of the road.  The car was driven across the junction of Tower Road and Bellozanne Road without stopping at the yellow line.  The car then mounted the pavement at First Tower School and drove across the grass.  The vehicle then crossed to the wrong side of the road against the flow of traffic and drove through red lights.  Eventually the vehicle was stopped by the Police.  Marett attempted to escape but was arrested.  The officers discovered the stolen items in the car.  Marett refused to give a sample of breath.

 

Details of Mitigation:

Apart from Guilty plea very little.  Defence argued that sentenced moved for was manifestly excessive because of Marett's 'role' in the break in, that sentences should all be concurrent and that conclusions offended against 'totality' principle.

 

Previous Convictions:

Numerous including 10 for burglary and theft, 15 for taking and driving away, 8 for driving whilst disqualified, 12 for driving without insurance, 1 for reckless driving and 2 for failing to provide a breath specimen.

 

Conclusions:

 

 

Count 1:	12 months' imprisonment.
Count 2:	9 months' imprisonment, concurrent.
Count 3:	12 months' imprisonment, concurrent.
Count 4:	9 months' imprisonment, concurrent.
Count 5:	3 months' imprisonment, concurrent
Count 6:	18 months' imprisonment , consecutive.

 

TOTAL: 30 months' imprisonment; 5 years' disqualification from driving on each of counts 1 -5, concurrent.

Marett showed no remorse but admitted offences immediately.  A.G. -v- Gaffney (5^th June, 1995) Jersey Unreported; [1995/101], the 'focal point' case; approximate tariff for break and entry of commercial premises; 18 months.  Total goods stolen £3,769: remainder of goods not recovered.  The Crown took the view that the driving offences should attract a consecutive sentence as not being part of the 'same transaction'.

 

Sentence and Observations of Court:

Conclusions granted.

 

 

Dale Edward Riddell

 

1 count of:	Being carried in a motor vehicle, taken without owner's consent, contrary to Article 28 (1) of the Road Traffic (Jersey) Law 1956 (Count 7).
1 count of:	Aided, assisted or participated in breaking and entering and larceny (Count 8A).

 

 

Age:     19.

 

Plea:    Guilty.

 

Details of Offence:

See Marett above.

 

Details of Mitigation:

Had already served equivalent of 10 months' youth detention whilst on remand.  On 3^rd September, 2004, Riddell has been released on bail to attend an induction week at Highlands College.  Supported conclusions of the Crown.

 

Previous Convictions:

Numerous including previous aiding and abetting break and entry and Article 28 of Road Traffic (Jersey) Law, 1956.

 

Conclusions:

 

Count 7:	12 months' Probation Order, with condition of attendance at SMART course; 12 months' disqualification from driving.
Count 8A:	12 months' Probation Order, with condition of attendance at SMART course.

 

At time of sentencing Riddell had spent the equivalent of 10 months' youth custody.  Encouraging background report.

 

Sentence and Observations of Court:

Conclusions granted.

 

 

 

D.E. Le Cornu, Esq., Crown Advocate.

Advocate M.J. Haines for N.C. Marett.

Advocate P. Le Cornu for D.E. Riddell.

 

 

 

JUDGMENT

 

 

 

THE commissioner:

1.        The breaking into and taking away of a car, parked quite legally, in a car park is serious enough, but the driving of that stolen vehicle thereafter could have led to any consequence whatsoever and it would not have been covered by insurance.  Fortunately this driving caused no damage or injury, but that was entirely fortuitous and may just have been because of the time of night. 

2.        There was, of course, also the break-in at the Spar Shop in St Lawrence.  Let me say right away that Riddell played a subservient role.  It was him who told the police to check Spar at St Lawrence, which led to their discovery of the break-in.

3.        Marett showed no remorse and was entirely unco-operative.  He did say in his statement, however, that Riddell played no part in the break-in.

4.        It seems extraordinary that these offences occurred on 21^st January, almost eight months ago.  The various anomalies in the record of past convictions and birth dates have not helped the Crown in any event.

5.        Let us deal with Riddell first.  Through no fault of your own, you spent 10 months in youth custody but there are indications that you are beginning to create a life for yourself and the Probation Report that we have received is very encouraging.  We are going to sentence you to a probation period of 12 months on the terms suggested by the Probation Officer.  Those will be explained to you by the Probation Officer when you leave the Court and you must see him before you do so.  In addition, you will be disqualified from driving for 12 months.

6.        Now, let us deal with Marett.  Mr Haines reminded us of a passage from Thomas: Principles of Setencing (2^nd Ed'n) at pp 57 -81 - and we have to say that Mr Haines has said everything that he possibly can on behalf of his client.  That passage reads:

"A cumulative sentence may offend the totality principle if the aggregate sentence is substantially above the normal level of sentence for the most serious of the individual offences involved or if its effect is to impose on the offender a "crushing sentence" not in keeping with his record and prospects".

7.        We have to say this, you must stop blaming everybody else but yourself for offences that you are involved in.  We take on board everything that Mr Haines has said, but in our view the Crown has considered the totality principle and the two offences were quite separate and that seems clear on the basis of the admissions made that the St. Lawrence break in was not pre-planned.

8.        It is because of your appalling record that we are going to follow the conclusions of the Crown.  On count 1, 12 months' imprisonment; Count 2, 9 months' imprisonment; Count 3, 12 months' imprisonment; Count 4, 9 months' imprisonment; Count 5, 3 months' imprisonment, all concurrent; and Count 6, 18 months' imprisonment consecutive.  That makes a total of 30 months' imprisonment and you are disqualified from driving on Counts 1 - 5 for 5 years.

Authorities

Whelan: Aspects of Sentencing in the Superior Courts of Jersey (2^nd Ed'n): pp. 153-65; 199-201.

A.G. -v- Gaffney (5^th June, 1995) Jersey Unreported; [1995/101].

Le Clech -v- A.G. (2^nd December 2002) Jersey Unreported; [2002/226].

A.G. -v- Stevenson [2004]JRC121.

A.G. -v- Newell (4^th August, 2000) Jersey Unreported; [2000/157].

A.G. - McDonough (25^th October, 1991) Jersey Unreported; [1991/156].

A.G. -v- Lynch (24^th July, 1991) Jersey Unreported; [1991/105].

Thomas: Principles of Sentencing (2^nd Ed'n) : pp.56-61.