Jersey Unreported Judgments

[2007]JRC085

ROYAL COURT

(Samedi Division)

20^th April 2007

The Attorney General

-v-

Neil Francis Dickinson

Sentencing by the Inferior Number of the Royal Court following guilty pleas to the following charges:

First Indictment

Second Indictment

Age:  20

Plea: Guilty.

Details of Offence:

In October 2006, the Defendant was speeding on the Avenue at 60, lost control of his vehicle and crashed into a granite wall opposite the Burger Bar.  His passengers escaped uninjured but shocked.

At the time he was driving a car on which he was using number plates from another car, to hide the fact he was not insured.  The insurance certificate he had was also issued in relation to another vehicle.  Shortly, before the accident, the Defendant had been stopped by Police Officers and warned about speeding.

Two days later, the Defendant was stopped after speeding at 69 mph in a 30 mph zone, overtaking another vehicle by driving on the other side of the road, of a central reservation and of a kept left sign.

Later on, in January 2007, he was again stopped and found to be driving without insurance.

In October 2006 he also pleaded guilty to carrying a knife and to causing various malicious damages to a parked car, to a closed circuit television camera and to football pitches.  The total damage caused was several hundred pounds.

In interview he initially stated that he could drive in what ever manner and whatever speed he liked because "if there's not people around I don't think that [there is] such a thing as dangerous driving because you drive at your own abilities".  Furthermore, he casually admitted "I like speed".

Details of Mitigation:

Youth, guilty plea, difficult upbringing, genuine interest in mechanics.

Previous Convictions:

Eight previous convictions for thirty six offences comprising eight road traffic offences and two offences against property.

Conclusions:

First Indictment:

Counts 1-4 concurrent to each other but consecutive to Counts 5-10.  Counts 6-10 concurrent to each other but consecutive to other counts.

Second Indictment:

Total:  18 months' youth detention, 3 years' disqualification (with £100 fine or 1 week youth detention in default).

Sentence and Observations of Court:

Total:  180 hours Community Service, 2 years' disqualification and 2 years' Probation.

The Court found that the Defendant deserved to go to prison, and that despite the provisions of the Young Offenders Law, the Crown's conclusions were correct.

However, the Court added that the Defendant being an intelligent young man with a difficult background, the Court could take a risk by dealing with him by way of a non-custodial sentence, with a condition to liaise with Mr Hollywood, Consultant Psychologist.

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

Advocate J. S. Dickinson for the Defendant.

JUDGMENT

THE BAILIFF:

1.        This defendant has pleaded guilty to a number of Counts on two Indictments involving Road Traffic and other offences, and, in particular, driving at a dangerous speed on two occasions separated by only two days.  On one of those occasions he had been warned by the Police as to his driving only a short time before.  The speed at which the defendant was driving was grossly excessive and it is extremely fortunate that he did not kill either his passengers or innocent passers-by.

2.        Dickinson is 20 years old and the provisions of the Criminal Justice Young Offenders (Jersey) Law 1994 apply, prohibiting the Court from imposing a custodial sentence unless the Court is satisfied that no other method of dealing with the offender is appropriate.

3.        Notwithstanding the provisions of the Law we think that the conclusions of the Crown Advocate are perfectly correct.  Dickinson you deserve to go to prison and we hope that you understand that.  We are not in fact going to impose a custodial sentence and we are going to take a risk.  I want you to listen very carefully to what I am going to say.  You are an intelligent young man.  You know what kind of behaviour is acceptable and what is not acceptable.  We have read all the reports.  We understand the difficulties that you have gone through in the past, but you are now 20 years old and I am afraid you have to put all those things behind you and look to the future.  If you continue breaking the law your future is grim.  If, on the other hand, you take the opportunity, which the Court is going to offer you, we are convinced that you can make something of your life and make a success of it.

4.        We have to punish you, obviously, for the offences that you have committed and that punishment is going to consist of three elements.

(i)        We are going to disqualify you for a period of two years, which is the minimum that we think we can disqualify you for, having regard to the offences that you have committed.

(ii)       We are going to order you to do community service for 180 hours and the equivalent to that, in custodial terms, is 12 months' youth detention.

(iii)      We are going to place you on probation for a period of two years, subject to the usual conditions that you behave yourself during that time, that you live and work as directed by your Probation Officer and that you comply with any other conditions or recommendations that the Probation Officer will lay down.  In particular, it will conclude a condition that you comply with any suggestions that Mr Hollywood may make, and that you attend upon him when you are asked to do so, and that you attend upon the Probation Officer when you are due to attend upon him.  A plan will be drawn up by Mr Ibbotson and you will have to sign that and comply with all its conditions.

Now I want to ask you very expressly whether you are prepared to comply with all those things because if you are not prepared to comply you will leave the Court with only one other option.  Are you prepared to go along with all those matters? [Defendant answers affirmatively].

5.        We formally sentence you on Count 1 to 90 hours' community service, or in default 6 months' youth detention; on Count 5 to 90 hours' community service or in default 6 months' youth detention, consecutive.  On all the other Counts on the two Indictments you will be placed on probation for two years, subject to all the conditions that I have mentioned, and we disqualify you on every Count, that carries disqualification as an optional penalty, for a period of two years.

Authorities

Criminal Justice Young Offenders (Jersey) Law 1994.