Jersey Unreported Judgments

[2005]JRC028

ROYAL COURT

(Samedi Division)

 

11^th March 2005

 

 

The Attorney General

-v-

Darren John Edmead

Paul Stuart Edmead

Amanda Joan Edmead

Mark Anthony Paul Turner

 

 

Darren John Edmead

 

1 count of:	Aiding, assisting or participating in breaking and entry and larceny (Count 1A).
1 count of:	Receiving, hiding or withholding property knowing it to be stolen (Count 1B).

 

 

Age:     29.

 

Plea:    Guilty

 

Details of Offence:

Counts 1, 1A and 1B:  On 27^th October, 2004, Amanda Edmead drove Paul and Darren Edmead and Turner to the Spar at Green Island.  Paul Edmead climbed through a rear widow into the office and let Turner in through the door (Count 1).  Amanda and Darren waited in the car.  Using a safe combination provided by Darren Edmead, a former employee of Spar, (Count 1A) they opened the safe and removed £1,482 cash, £1,850 of mobile top-up cards, £50 of pre-paid speed-dial cards, a cash tin containing £90 and some empty DVD boxes.  They also stole cigarettes worth £239 from the office, selecting brands smoked by members of the group.   Amanda then drove the group to Mount Bingham car park where they shared the proceeds.    Amanda was sentenced on the basis that she received £100 cash and £180 top-up cards (Count 1B).  The offence was committed as revenge for Darren Edmead's earlier dismissal from his job at Spar.

Counts 2 and 2B:  On 22^nd October, 2004, Mark Turner stole a charity box containing about £12 from Blockbuster in Bath Street (Count 2).  He shared the contents with Paul and Amanda Edmead, who each received £4 (Count 2B).

 

Details of Mitigation:

Guilty plea, co-operative, last breaking offence ten years ago.  At time of offence had recently lost his home and job, and his long term relationship had broken down.  Has found work as a store man supervisor despite current offences, good reference from manager of Spar.  At time of sentencing had been certified fit for community service which had not previously been an option due to ill-health.  Has not offended since 1998.

 

Previous Convictions:

3 offences - attempting to obtain property by deception, aiding and assisting a break and entry and a UK fireworks offence, none since 1998.

 

Conclusions:

 

 

Count 1A:	15 months' imprisonment.
Count 1B	12 months' imprisonment, concurrent

 

 

Sentence and Observations of Court:

 

 

Count 1A:	1 year's Probation plus 180 hours' Community Service.
Count 1B:	1 year's Probation plus 180 hours' Community Service, concurrent.

 

 

 

Paul Stuart Edmead

 

 

1 count of:	Breaking and entry and larceny (Count 1).
1 count of:	Receiving, hiding or withholding property knowing it to be stolen (Count 2B).

 

 

Age:     30.

 

Plea:    Guilty.

 

Details of Offence:

See: Darren John Edmead above.

 

Details of Mitigation:

Guilty plea, co-operation, moderate to severe learning difficulties, vulnerable and easily led.  Has never been to prison before and ill equipped to deal with it.  Last conviction in 1995.  Is seeking employment with the help of various agencies.

 

Previous Convictions:

7 convictions for 14 offences, including 9 larceny and related offences, but none since 1995.

 

 

Conclusions:

 

 

Count 1:	18 months' imprisonment.
Count 2B	1 month's imprisonment, concurrent

 

 

Sentence and Observations of Court:

 

 

Count 1A:	1 year's Probation.
Count 1B:	1 year's Probation, concurrent.

 

 

 

Amanda Joan Edmead

 

2 counts of:

Having received, hidden or with held property knowing it to be stolen (Counts 1B and 2B).

 

 

Age:     35.

 

Plea:    Guilty.

 

Details of Offence:

 

See: Darren John Edmead above.

 

Details of Mitigation:

Guilty plea, no previous convictions, co-operative with the police (wrote own indictment in relation to Count 2B).  No longer associating with the other defendants (who are her husband, brother and brother-in-law).  At time of offence had recently had a miscarriage and marriage was breaking down, has two children.  Good references from employer for whom she had worked since the age of 10.  Remorse.

 

Previous Convictions:

 

None.

 

Conclusions:

 

 

Count 1B:	150 hours' Community Service.
Count 2B	50 hours' Community Service, concurrent

 

 

Sentence and Observations of Court:

 

 

Count 1B:	120 hours' Community Service.
Count 2B:	40 hours' Community Service, concurrent.

 

 

 

Mark Anthony Paul Turner

 

1 count of:	Breaking and entry and larceny (Count 1).
1 count of:	Larceny (Count 2).

 

 

Age:     27.

 

Plea:    Guilty.

 

 

Details of Offence:

See: Darren John Edmead above.

 

 

Details of Mitigation:

Guilty plea, co-operative, appalling family history.  Has reached a watershed in his life and realises offending behaviour cannot continue.

 

Previous Convictions:

23 convictions for 68 offences.  28 larceny and related offences, including four for robbery and six for burglary/breaking/illegal entry.

 

 

Conclusions:

 

 

Count 1:	24 months' imprisonment.
Count 1B	3 months' imprisonment, concurrent

 

 

Sentence and Observations of Court:

 

 

Count 1A:	18 months' imprisonment.
Count 1B:	3 months' imprisonment, concurrent.

 

 

 

C.M.M. Yates, Esq., Crown Advocate.

Advocate C.A. Fogarty for D.J. Edmead.

Advocate J. Bell for P.S. Edmead.

Advocate S.A. Pearmain for A.J. Edmead.

Advocate S. Young for M.A.P. Turner.

 

 

 

JUDGMENT

 

 

 

THE DEPUTY BAILIFF:

1.        These four defendants were involved in a break-in at Spar at Green Island.  Turner and Paul Edmead entered.  Darren Edmead had assisted by disclosing the combination of the safe in the shop and he waited in the car outside.  Amanda Edmead has pleaded guilty to receiving some of the stolen property.  The burglary seems to have been provoked by the fact that Darren Edmead had recently been dismissed from employment by this shop.  The proceeds were shared out between them.  Turner also stole a charity box from Blockbuster and Paul and Amanda Edmead received small amounts of cash from that stolen box.

2.        The Crown has moved for custodial sentences in all cases, except for Amanda and has relied on the case of A.G. -v- Gaffney (5^th June, 1995) Jersey Unreported; [1995/10].

3.        First we will take Darren, you pleaded guilty.  You have minor previous convictions but they were some time ago, the last one was in 1998.  This offence, we are satisfied, was committed when you were in a bad way.  You had lost your girlfriend, you had lost your job, you were very depressed and you had health problems of which we have heard.

4.        We have read your letter of remorse and the references and it is clear that there is a very responsible side to you, if you choose to let that come out.  So, in all the circumstances, we think there is strong mitigation in this case and we do not think it is necessary to send you to prison.  We are going to place you on probation for 12 months, and we are also going to order that you do community service of 180 hours which is the equivalent of 12 months' imprisonment which is the sentence we would have had in mind.

5.        Paul Edmead, you pleaded guilty too, and you also have previous convictions, but none since you were 21 which is good.  You have severe learning difficulties and we have read carefully all of the contents of the report.  The report has recommended probation with support from the community network team.  We have also read the letter from your parents.  In all the circumstances we think it is not necessary to send you to prison for this offence; so we are going to place you on probation for 12 months, concurrent on the charges you face.  We would have imposed community service as in the case of your brother, but we think that in your special circumstances that might be setting you up to fail, and therefore we are going to pass an individualised sentence and so you will simply be placed on probation for 12 months.

6.        Amanda Edmead, you also pleaded guilty and you have had no previous convictions.  We are very pleased to note that, given the difficult upbringing you had and we congratulate you on that.  We are sorry to see that you are now before the Court.  In the circumstances we agree with the Crown that a custodial sentence is not required.  We are going to pass a sentence of community service but we think the right number of hours is 120 hours which is the equivalent of 6 months, which is the prison sentence we would have had in mind, and 40 hours concurrent on the other charge.  That is a total of 120 hours community service.

7.        Mark Turner, you have pleaded guilty, but you have a terrible record.  You have assured us that you now wish to change your ways and we very much hope that you do that, because you must appreciate that if you go on like this you will be in and out of prison for the rest of your life which will not be satisfactory. 

8.        We are pleased to see the progress that you are making in prison.  Nevertheless, we think that in view of all the circumstances we cannot avoid a prison sentence, but we are going to reduce the conclusions in order to give you encouragement for when you come out.  The sentence in your case is one of 18 months' imprisonment and 3 months' imprisonment, concurrent, making a total of 18 months' imprisonment.

9.        In relation to Darren, Paul and Amanda, just to make clear that you have been given community service and probation orders.  If you breach any of those, in other words if you do not do the community service, if you do not turn up on time or if you do not do what your probation officer says, then you will be brought back to Court and you will then probably be sent to prison for these offences.

Authorities

A.G. -v- Gaffney (5^th June, 1995): Jersey Unreported [1995/10].

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