Jersey Unreported Judgments

[2005]JRC013

ROYAL COURT

(Samedi Division)

 

4^th February 2005

 

 

The Attorney General

-v-

David Alan McCabe

 

 

 

1 count of:	Taking and driving away a motor vehicle without having the owner's consent contrary to Article 28 (1) of the Road Traffic (Jersey) Law 1956.  (Count 1).
1 count of:	Driving under the influence of drink or drugs contrary to Article 16 (1) of the Road Traffic (Jersey) Law 1956.  (Count 2).
1 count of :	Driving a motor vehicle without a licence contrary to Article 3 (1) of the Road Traffic (Jersey) Law 1956.  (Count 3).
1 count of:	Driving uninsured, contrary to Article 2 (1) of the Motor Traffic (Third Party Insurance) (Jersey) Law, 1948.  (Count 4).

 

Breach of a 180 Community Service Order, imposed by the Royal Court on 26th November, 2004 (See [2004]JRC207) following guilty plea to 1 count of grave and criminal assault.

 

Age:     22.

 

Plea:    Guilty; Breach admitted.

 

Details of Offence:

Counts 1 - 4 stopped by Police Officers whilst driving along Tower Road, admitted to being drunk, and not having a licence or being the owner of the car.

Counts 1 - 4 committed in breach of a Community Service Order that he had been sentenced to 10 days before.

Count 2 extremely high concentration of alcohol in breath:  104 micrograms per 100 millilitres (legal limit 35 micrograms per 100 millilitres).

 

Details of Mitigation:

Youth, guilty plea, co-operation.  Had completed 20 hours of 180 hours Community Service Order.

 

Previous Convictions:

Two previous convictions, one for assault, and the other for grave and criminal assault.  Not been previously imprisoned.

 

Conclusions:

 

 

Count 1:	2 months' imprisonment.
Count 2:	3 months' imprisonment; 25 months' disqualification from driving.
Count 3:	£300 fine or 2 weeks' imprisonment in default of payment.
Count 4:	1 month's imprisonment; 12 months disqualification from driving.

All terms of imprisonment and of disqualification from driving, concurrent.

Breach:

11 months' imprisonment, consecutive.

 

 

Sentence and Observations of Court:

Conclusions granted on indictment.

Breach:  Community Service Order to be completed on release from imprisonment for substantive offences.

 

 

 

T.J. Le Cocq, Esq., Crown Advocate.

Advocate D Gilbert for the Defendant.

 

 

 

JUDGMENT

 

 

 

THE BAILIFF:

1.        McCabe, you behaved on that evening in a totally irresponsible and reckless way.  The fact that you did not kill or maim someone is due entirely to good luck rather than to any judgment on your part.  You were so intoxicated that you could not stand and yet you decided to drive a motor car. 

2.        We must punish you for that, to show to you and to others that this conduct is simply unacceptable.  We take into account all the mitigation available to you, but we think the conclusions of the Crown so far as the indictment is concerned are absolutely right.  You are sentenced on Count 1: to 2 months' imprisonment; Count 2: to 3 months' imprisonment; on Count 3: to a fine of £300 or 2 weeks' imprisonment; on Count 4 to 1 month's imprisonment; all of those sentences of imprisonment to be concurrent, making a total of 3 months' imprisonment and we order that you be disqualified for 25 months from driving a motor car on Count 2 and 12 months on Count 4.

3.        So far as the breach of the Community Service Order is concerned we note that you have complied with the order in the sense of carrying out some of the community service which you were ordered to do on 26^th November.  We have also taken account of the letters that you and your partner have written to the Court and, most importantly, of the efforts which you have made off your own bat to attend the Alcohol and Drugs Service and to get help to overcome your drinking habits which are leading you into such trouble.

4.        You have a lot of responsibilities and we think that the appropriate way to help you make a new start when you come out of prison is to allow the Community Service Order to stand and to attach to it as a condition an order that you attend the Alcohol and Drugs Service for 12 months and that you comply with any treatment that you may be directed to have.

5.        The end result of all this is, that you will go to prison for 3 months for the offences on the indictment and that you will, when you come out, complete your Community Service and you will be obliged to go to the Alcohol and Drugs Service to help you get over the problems that you have.

Authorities

A.G. -v- Berry & Ors [2004]JRC207.

A.G. -v- Young (aka Corrigan) (17^th October 2002) Jersey Unreported; [2002/196A]

A.G. -v- Appleby (5^th December 2002) Jersey Unreported; [2002/229].

A.G. -v- Harrison [2003]JRC161.