Jersey Unreported Judgments

[2006]JRC019

ROYAL COURT

(Samedi Division)

3^rd February 2006

The Attorney General

-v-

Michael Rodrigues De Sousa

Sentencing by the Inferior Number of the Royal Court, on guilty pleas to:

First Indictment

Second Indictment

Third Indictment

Age:  23

Plea: Guilty.

Details of Offence:

First Indictment: Seen driving up Trinity Hill not wearing a seat belt and holding mobile telephone.  Stopped at Springside, Trinity, gave a false name and failed to attend Parish Hall enquiry.

Second Indictment:  Driving along Victoria Avenue stopped by police officer who had checked his speed at 58 mph.  Defendant still driving whilst disqualified and without insurance.

Third Indictment: Having received three Shell account cards defendant and another visited numerous garages in Jersey and obtained goods, none of which were recovered.  These offences were committed to obtain funds to purchase drugs to feed his habit.

Details of Mitigation:

Residual youth.  Social Enquiry and Drug and Alcohol Service Reports were favourable.  Signs that De Sousa has made decision to turn his life away from drug taking, been employed whilst on bail and kept free from illegal drugs.

Previous Convictions:

19 fraud offences; 13 larceny offences and miscellaneous driving offences.

First Indictment

Conclusions:

Second Indictment

Third Indictment

Total 19 months' imprisonment, 4 years' disqualification and £75 fines.

Sentence and Observations of Court:

De Sousa deserved to go to prison; the series of offences showed complete disregard of the public at large.  However the reports show efforts to reform and bail conditions adhered to.

Probation Order for 18 months plus attending Drug and Alcohol Service for 12 months.  Disqualified from driving for 3 years, £75 fine and compensation order in the sum of £677 re the dishonesty offences.

R. G. Morris, Esq., Crown Advocate.

Advocate R. J. MacRae for the Defendant.

JUDGMENT

THE COMMISSIONER:

1.        You deserve to go to prison of that we have no doubt.  Crown Advocate Morris has outlined a series of offences which are very serious and which show a complete disregard for the public at large.  We have, however, read the Reports and most encouragingly Mr Gafoor has stated in his report that you no longer use heroin, and he says you have told him that is because you have too much to lose.

2.        You have a girlfriend who has stood by you.  She does not use drugs.  You now live in a States flat.  If you go to prison you lose everything.  Mr Gafoor says that you made strenuous efforts to address your addiction problem and to reform your life style.  I say it again if you go to prison you lose everything.  The Magistrate gave you bail and you have conformed to that; and we have read the most encouraging letters from your employer.  There is much potential if you qualify as a carpenter. 

3.        We are going to sentence you to a probation period of 18 months, and you will also attend the Drug and Alcohol Service for 12 months.  During that time you must comply with treatment and drug testing as required by the Service.  If you breach probation or you do not comply with the requirements of the Drug and Alcohol Service you will be brought back to Court and you will be severely punished.

4.        For driving whilst disqualified Count 1 of 4^th May and Count 1 of 28^th May, you are going to be disqualified, concurrently for 3 years.  On Counts 3 and 4 of the 4^th May and Count 3 of 28 May you are going to be fined £25 on each count making a total of £75.  For the Counts where the learned Crown Advocate has asked for imprisonment we are substituting the period of probation. 

5.        We welcome Mr MacRae's suggestion that you also pay compensation, and following his suggestion, we are going to order you to pay £677 to the garages that you defrauded and the Viscount will apportion the amount accordingly.  We order you to pay at £50 per month and in default of payment you will go to prison for 4 months.

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