Jersey Unreported Judgments

[2006]JRC096

ROYAL COURT

(Samedi Division)

14^th July 2006

The Attorney General

-v-

Kevin John Falle

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 25th January, 2006, following a guilty plea to the following charges:

Breach of Probation (receiving stolen property and possession of cannabis).

Age:  32.

Plea: Guilty.

Details of Offence:

Whilst she made him a cup of tea the accused stole Co-op stamps to the approximate value of £20 from his elderly mother.  She and her husband saved the stamps for Christmas treats (Count 1).

During interview the accused said he intended to cash the stamps as he was short of money.

On a later occasion the accused broke into a house on the outskirts of town with the intention of committing a crime (Count 2).  He was seen by an off duty police officer.  The accused was later found on the roof of the property and had to be assisted to safety by the Fire Service.  During interview he claimed he had gone to the property with another man and had simply acted as a lookout.  He consistently denied the other man was a figment of his imagination and claimed he had "stitched him up".

On a later occasion the accused went to a town lodging house.  He roamed around the property causing damage to some window bars (Count 5) and a window pane forming part of a door (Count 6).  From other flats he stole £4.50 in old coinage (Count 4) and £250 in cash (Count 3).  The accused was forcibly restrained by two occupants and was found in possession of the missing cash.  During interview the accused said he had gone to the premises to seek accommodation.  He denied entering any flats, stealing anything or causing any damage.  During further interview he elected to make no comment.

The instant offending placed the accused in breach of a twelve month probation order imposed in the Magistrate's Court for offences of receiving stolen property (a number of mobiles and four cameras valued collectively at £1,217.00 stolen from commercial premises later sold by him to his brother and another man) and possession of cannabis (a nugget weighting 598 mg) recovered from accused's room during a search.

Details of Mitigation:

Guilty pleas (although with the exception of Count 1 these had not been entered at the earliest stage).  Remorse.  Stolen property recovered. No soiling or ransacking and minimal damage to property.  Opportunistic offending.  Difficult upbringing.  Long term drugs addict.  Institutionalised individual.

Previous Convictions:

Appalling record containing multiple convictions for breaking and entering with intent, breaking and entering and committing a crime, illegal entry and committing a crime and larceny.

Conclusions:

The sentences on Counts 3, 4, 5 and 6 to run concurrently but those on Counts 1 and 2 follow consecutively.

Breach offences:         receiving stolen property - 6 months' imprisonment, consecutive.

                                 Possession of cannabis - 1 month's imprisonment.

Total :            21 months' imprisonment.

Sentence and Observations of Court:

The accused had a long history of offending including 15 previous dishonesty and public order offences.  He was at high risk of re-offending.  He had a sad background which involved use of drugs and alcohol.  He owed money to his dealers.  The accused's life had been chaotic.  He appreciated he had caused distress to home owners.  The instant offending placed him in breach of a twelve month probation order.  He was very vulnerable.  The Court was very concerned as to the future of this 32 year old man and expressed the view that it was appalling that no facilities are available in Jersey to give him the kind of detailed support he should be receiving.  The Court would follow the Crown's conclusion.  There was perhaps light at the end of the tunnel and the accused would hopefully help himself.

A. J. Belhomme, Esq., Crown Advocate.

Advocate N. J. Chapman for the Defendant.

JUDGMENT

THE Commissioner:

1.        Falle can only be described as having a very long history of offending.  Fifteen previous Court appearances for dishonesty coupled with additional public order offences lead one to the inevitable conclusion that he is at a high risk of re-offending.  The reports in fact refer to a very high risk of re-offending.

2.        This is particularly clear when one sees his sad background of alcohol and drug use, and his depression, employment and financial situation, he still owes substantial sums to drug dealers.  His lack of family support and his chaotic life style have not helped him. 

3.        He seems, although there is hope on this score, to appreciate the distress caused to home owners when he breaks into their property.  He received a 12 month probation order when the serious offences of house breaking occurred.  He needs to have guidance but he is extremely vulnerable. 

4.        We have, of course, read the reports as Advocate Chapman asked us to, with great care and we are very concerned about the future of this 32 year old man.  We must say that it does seem appalling that in an Island as wealthy as Jersey the facilities do not seem to be available to give him the detailed support that he should be receiving.

5.        Let me say this, you must try to help yourself and take what help is given to you at the prison.

6.        We are, however, going to follow the conclusions of the Crown and we do so in the knowledge that perhaps, as Advocate Chapman has pointed out, there is some light at the end of the tunnel, if you are prepared to help yourself when you come out.

7.        Count 3, the sentence is 9 months' imprisonment for that offence.  Count 4, 3 months' concurrent.  Count 5, 1 month, concurrent.  Count 6, 1 month, concurrent.  Count 1, 2 months' imprisonment, consecutive.  Count 2, 3 months, consecutive.  With a breach of probation there is a 6 months' consecutive sentence and 1 month's consecutive for the possession of the drugs. 

8.        We are following the conclusions of the Crown and hope you will achieve something during your time in prison.

No Authorities