Jersey Unreported Judgments

[2005]JRC036

ROYAL COURT

(Samedi Division)

 

1^st April 2005

 

 

The Attorney General

-v-

Vincent John Cooper

 

 

1 count of:	Larceny.  (Count 1).
1 count of:	Taking motor vehicle without the owners consent, contrary to Article 28 (1) of the Road Traffic (Jersey) Law 1956.  (Count 2).
1 count of:	Driving whilst disqualified contrary to Article 9 (4) of the Road Traffic (Jersey) Law 1956.  (Count 3).
1 count of:	Using a motor vehicle uninsured against Third Party Risks contrary to Article 2 (1) Motor Traffic (Third Party Insurance) (Jersey) Law, 1948.  (Count 4).

 

Breach of a 1 year Probation Order with a 170 hours Community Service Order, made in the Magistrate's Court on 1st July, 2004, on a Guilty plea to: 1 count of taking and driving away a motor vehicle without the owner's consent (Count 1); driving without insurance (Count 2); possession of a controlled drug, with intent to supply (Count 3); and possession of a controlled drug (Count 4).

 

Age:     22.

 

Plea:    Guilty.

            Breach admitted.

 

Details of Offence:

Indictment:  On 20^th August, 2004, the Defendant stole an electric razor and toothbrush from Boots the Chemist.  On 14^th October, 2004, the Defendant took and drove away his brother's car whilst he was disqualified from driving as a result of the offences to which the Breach of Probation Order relate.  He was also uninsured.

Breach:  On 19^th April, 2005, the Defendant took and drove away his sister's car.  He did not hold a license and was uninsured.  On 6^th May Police officers executed a drug warrant at the address of the Defendant's girlfriend.  They found a bar of cannabis and three smaller pieces.  The total weight was approximately 320g.

 

Details of Mitigation:

Youth, guilty plea.

 

Previous Convictions:

Sixteen convictions for 51 offences since the age of 14, including 21 larceny and related offences, eight drug offences and numerous motoring offences.

 

Conclusions:

Count 1:	3 months' imprisonment.
Count 2:	9 months' imprisonment, consecutive to Count 1; 24 months' disqualification from driving.
Count 3:	6 months' imprisonment, concurrent; 24 months' disqualification from driving, concurrent.
Count 4:	9 months' imprisonment, concurrent; 24 months' disqualification from driving, concurrent.

 

TOTAL:   12 months' imprisonment.

 

Breach of Probation Order

Counts 1 -4: 6 months' imprisonment on each count, concurrent but consecutive to sentence passed on the indictment.

TOTAL: 18 months' imprisonment; 24 months' disqualification from driving.

 

 

Sentence and Observations of Court:

Conclusions granted.

 

 

 

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

Advocate M.J. Haines for the Defendant.

 

 

JUDGMENT

 

 

THE BAILIFF:

1.        This defendant is to be sentenced on an indictment of 4 counts, including larceny and various motoring offences, and for further offences involving the misuse of drugs, and more motoring offences for which he was ordered to perform 170 hours of community service on 1^st July, 2004.  He is in breach of that order. 

2.        Cooper has an appalling record involving 16 previous appearances before the courts.  He is still only 22.  He has served sentences of imprisonment and has been given non-custodial sentences on many occasions.  None of this has moderated his behaviour and he is said to be at high risk of re-offending.  His life in some respects is chaotic and unstructured and he pays no consideration towards the interests of others.

3.        In mitigation he has pleaded guilty to the offences on the current indictment and admitted the breaches of the Magistrate's Order of the 1^st July, 2004.  He is still a young man, and he is entitled to some residual credit for that.  He has also made efforts, so we are told by his counsel, to remain drug free whilst on remand at the prison and that is also a very positive factor.

4.        We have taken account of everything that your counsel has said very eloquently on your behalf.  We have considered all the reports placed before us and we have read your letter and we have noted that you are using your time profitably at the prison.  All these things are to the good.  You are not, we are quite sure, an unintelligent young man, and you can make something of your life if you will, but in the meantime we must punish you for the offences which you continue to commit. 

5.        The conclusions of the Crown Advocate are right and proper and they are granted.  You are accordingly sentenced on Count 1 to 3 months' imprisonment; on Count 2 to 9 months' imprisonment, consecutive.  On Count 3 to 6 months' imprisonment, concurrent; on Count 4 to 9 months' imprisonment, concurrent, making a total of 12 months' imprisonment.  For the breach of the Community Service Order you are sentenced to 6 months' imprisonment, concurrent on each of the counts relating to that order, concurrent with each other, but consecutive to the 12 months' on the indictment; and you are disqualified for a period of 24 months' on counts 2, 3 and 4 of the indictment.

Authorities

Whelan: Aspects of Sentencing in the Superior Courts of Jersey (2^nd Ed'n): pp. 196 - 198.

Road Traffic (Jersey) Law 1956, as amended.

Motor Traffic (Third Party Insurance) (Jersey) Law, 1948, as amended.

Graham -v- AG (1^st October, 1996) Jersey Unreported; [1996/177].