Jersey Unreported Judgments

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Cite as: [2006] JRC 42, [2006] JRC 042

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[2006]JRC042

ROYAL COURT

(Samedi Division)

17^th March 2006

Before :

M. C. St. J. Birt, Esq., Deputy Bailiff, and Jurats Tibbo and Allo.

The Attorney General

-v-

Luke Clint McIntyre

and

Shelley Marie Vibert

Sentencing by the Inferior Number of the Royal Court, following a guilty plea to the following charges:

Luke Clint McIntyre

1 count of:	Going equipped contrary to Article 1(1)(c) of the Crime (Going Equipped)(Jersey) Law 2004. (Count 1).
4 counts of:	Taking and driving away a motor vehicle without having the consent of the owner or other lawful authority, contrary to Article 53(1) of the Road Traffic (Jersey) Law 1956. (Counts 2, 8, 14 and 18).
4 counts of:	Driving a motor vehicle without a licence contrary to Article 4(1) of the Road Traffic (Jersey) Law 1956. (Counts 3, 10, 16 and 20).
4 counts of:	Using a motor vehicle uninsured against third party risks contrary to Article 2(1) of the Motor Traffic (Third Party Insurance)(Jersey) Law 1948. (Counts 4, 11, 17 and 21).
2 counts of:	Failure to conform to an indication given by a sign contrary to Article 74(1)(b) of the Road Traffic (Jersey) Law 1956. (Count 5 and 7).
1 count of:	Failing to stop when required to do so by a Police Officer contrary to Article 52(1) of the Road Traffic (Jersey) Law 1956. (Count 6).
1 count of:	Larceny. (Count 12).
1 count of:	Receiving. (Count12A)
1 count of:	Breaking and Entry and larceny. (Count 13).
1 count of:	Aiding or assisting. (Count 13A).
1 count of:	Dangerous driving contrary to Article 22 (1) of the Road Traffic (Jersey) Law 1956. (Count 22).
1 count of:	Driving whilst unfit through drugs contrary to Article 27(1) of the Road Traffic (Jersey) Law 1956. (Count 23).
1 count of:	Failing to stop and report an accident contrary to Article 52(1) of the Road Traffic (Jersey) Law 1956. (Count 24).

Age: 19.

Plea: Guilty.

Details of Offence:

The offences fell into three episodes of offending. Counts 1 - 7, involving McIntyre alone, involved him identifying a motor scooter to steal, going back to his accommodation and taking a screwdriver and a crash helmet, stealing the motor vehicle and driving it without a licence or insurance. In attempting to evade apprehension, he drove the wrong way up La Colomberie, did not stop when Officers operated their police siren and then drove the wrong way up Clarence Road. Counts 8 - 11 involve the taking and driving away of a motor vehicle by McIntyre, carrying Vibert in the vehicle and driving it with no licence or insurance. Counts 12 - 24 involve both Defendants and were committed by McIntyre after he had been interviewed by Police Officers regarding the first episode of offending. The Defendants were in St. Helier and wished to go home to their accommodation in St. Ouen and decided to steal a car. McIntyre drove the vehicle, Vibert was carried. McIntyre did not have a driving licence or insurance. When the stolen vehicle was located, it was badly damaged with estimated cost of repair just under £6,000. Various items had been stolen from the vehicle (Counts 12 and 12A). Count 13 involved breaking and entering and larceny from an occupied dwelling at night. The Defendants were planning to steal money in order to buy heroin. Both were self-confessed heroin addicts. The Defendants then took and drove away a motor vehicle parked outside, Vibert being carried. McIntyre had no licence or insurance. The vehicle ran out of petrol and so the Defendants took and drove away a second vehicle. McIntyre driving without a licence or insurance, and Vibert being carried. Once in town the Defendants bought two wraps of heroin, took the drugs and then set off in the stolen car to return to St. Ouen. McIntyre drove the vehicle at 45 mph in a 30 mph zone and then up to 70 mph along Victoria Avenue. The vehicle was straddling the white line. McIntyre struggled to keep the vehicle on the road, driving along towards Beaumont at 60 mph. McIntyre attempted to turn right up Beaumont Hill but crashed the vehicle into Stella Liliana bridal shop window, demolishing a Belisha beacon and a direction bollard on the way. Considerable damage was caused to the shop and stock; the motor vehicle was written off. McIntyre ran away and was later arrested while attempting to hide behind bushes at Bistro Soleil car park.

Details of Mitigation:

Guilty plea entered at an early stage. Heroin addict. Youth, McIntyre aged 19. McIntyre declined to speak with Probation Officer.

Previous Convictions:

16 previous convictions comprising 45 offences.

Conclusions:

Count 1:	1 month's youth detention.
Count 2:	6 months' youth detention.
Count 3:	£100 or 7 days' youth detention in default of payment.
Count 4:	6 months' youth detention plus 24 months' disqualification from driving.
Count 5:	I month's youth detention.
Count 6:	3 months' youth detention.
Count 7:	1 month's youth detention
Count 8:	6 months' youth detention.
Count 10:	£100 or 7 days' youth detention in default of payment.
Count 11:	6 months' youth detention.
Count 12:	3 months' youth detention.
Count 12A:	3 months' youth detention.
Count 13:	18 months' youth detention.
Count 14:	6 months' youth detention.
Count 16:	£100 or 7 days in default.
Count 17:	6 months' youth detention.
Count 18:	6 months' youth detention.
Count 20:	£100 or 7 days' youth detention in default of payment.
Count 21:	6 months' youth detention.
Count 22:	12 months' youth detention and 24 months' disqualification from driving.
Count 23:	3 months' youth detention and 24 months' disqualification from driving.
Count 24:	1 month's youth detention.

A total of 18 months' Youth Custody and 24 months' disqualification from driving.

£400 fine in total or 1 month's youth detention in default.

Sentence and Observations of Court:

Conclusions granted for McIntyre.

Shelley Marie Vibert

1 count of:	Allowing herself to be carried in a motor vehicle knowing it to have been stolen contrary to Article 53(1) of the Road Traffic (Jersey) Law 1956. (Count 9).
1 count of:	Larceny. (Count 12).
1 count of:	Receiving. (Count12A)
1 count of:	Breaking and Entry and larceny. (Count 13).
1 count of:	Aiding or assisting. (Count 13A).
2 counts of:	Allowing herself to be carried in a motor vehicle knowing it to have been stolen contrary to Article 53(1) of the Road Traffic (Jersey) Law 1956. (Counts 15 and 19).

Age: 18.

Plea: Guilty.

Details of Offence:

See McIntyre above.

Details of Mitigation:

Guilty plea entered at an early stage. Heroin addict. Youth, Vibert 19 in April. Vibert's Social Enquiry Report outlined difficult background and early introduction to heroin at age 14. Vibert also had reports from Alcohol and Drug Services, Consultant Psychiatrist and Consultant Fornesic Pathologist.

Previous Convictions:

8 previous convictions comprising 24 offences.

Conclusions:

Count 9:	6 months' youth detention.
Count 12:	3 months' youth detention.
Count 12A:	3 months' youth detention.
Count 13:	18 months' youth detention.
Count 15:	6 months' youth detention.
Count 19:	6 months' youth detention.

A total of 18 months' in Youth Detention.

Sentence and Observations of Court:

Recommendations of Probation Service followed - 18 months' Probation together with various conditions including a Treatment Order that she attends the Alcohol and Drugs Service for 12 months, submitting to random testing.

Mrs S. Sharpe, Crown Advocate.

Advocate O. A. Blakeley for McIntyre.

Advocate R. J. MacRae for Vibert.

JUDGMENT

THE DEPUTY BAILIFF:

1. McIntyre, you have an appalling record for one so young. You have been before the Court on some 15 occasions for numerous offences. Non-custodial sentences have been tried without success. You are only 19, but we are quite satisfied that there is no alternative to youth custody because you have shown an inability to respond previously to non-custodial sentences and because of the seriousness of the totality of your offending.

2. The most serious is the breaking and entering into the residential house, and were it not for your youth a much longer sentence than 19 months would have been imposed. This was a break-in to a house at night when the occupants were there. It is only your youth which enables us just to go along with the Crown's conclusions which might be thought to be on the low side.

3. Taking everything into account we think the Crown's conclusions are correct. I am not going to go through them all they are as set out in the Crown's conclusions except for the offences of driving without a licence where there will be a fine of £100 or 7 days' youth detention in default concurrent in each case, so that makes a total of 19 months' youth detention and I must warn you, you may be liable for supervision on your release. We also order disqualification from driving for 2 years in total as moved for by the Crown.

4. Miss Vibert, we have read carefully all the Reports. We hope that you mean what you say in relation to them. You too are building up a bad record and you could not have complained if you had been sent to youth detention as well. We are going to take a chance. We realise that it is taking a risk, but we are willing to do so for all the reasons set out in those reports. We are going to place you on probation for 18 months. You must attend when your probation officer tells you to come in and you must do exactly what they say. If you do not do as they say then you will find yourself being brought back here, and if you are brought back here you will almost certainly go to youth detention. The other condition of the Probation Order is there will be a treatment order for you to attend the Drug and Alcohol Service as directed by them for 12 months. You must comply with any treatment they direct and you must remain abstinent from all non-prescribed medication and you will be subject to random testing.

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