Jersey Unreported Judgments

[2007]JRC111

ROYAL COURT

(Samedi Division)

8^th June 2007

The Attorney General

-v-

Kayleigh Anne Baker

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

Age:  19.

Plea: Guilty.

Details of Offence:

Counts 1-7 arose from a number of break-ins and thefts committed by Baker between 12^th December, 2006, and 7^th February, 2007, in order to fund her heroin addiction.  Of the seven break-ins, one was of an occupied dwelling (Count 2), two were of unoccupied dwellings (Counts 3 and 5) and the remainder were of commercial premises (Counts 1, 4, 6 and 7).  The total value of the items stolen was £2,175.  Count 2 was particularly serious as the occupant, an elderly lady, was present when Baker committed the break-in.

The offences generally were aggravated by the fact that this was a spree of break-ins committed by Baker; she has numerous previous convictions for similar offences and the offences were committed during the period of her young offender's licence.  Baker committed one offence (Count 7) on leaving the Magistrate's Court having been bound over by that Court to be of good behaviour.

The offences were mitigated by the fact that the property stolen was of a relatively low value, some of the property was recovered and the break-ins were opportunistic, rather than sophisticated.

Counts 8 and 9 related to possession by Baker of prescriptions drugs bought by her on the black market in order to detoxify herself from heroin.

Details of Mitigation:

Youth.  Guilty pleas.  Co-operation with the police.  Difficult background.  Detoxified whilst in prison.  Remorse.

Previous Convictions:

18 previous convictions consisting of 69 offences, including numerous dishonesty-related offences.

Conclusions:

Total: 2 years' 1 month youth detention.

Sentence and Observations of Court:

Total: 18 months' youth detention.

The Court gave serious consideration to an option suggested by defence counsel that Baker be released in order to move away from Jersey to start a new life with a family member.  In the event, this option was no longer available due to a change in circumstances.  The Court decided that only a custodial sentence was appropriate in the circumstances. 

M. St. J O'Connell, Esq., Crown Advocate.

Advocate J. C. Gollop for the Defendant.

JUDGMENT

THE BAILIFF:

1.        We hope that you understand from the length of time that we retired to consider this case that we were considering very seriously the suggestion that you put forward about the option of going to Tenerife.  We now understand that that is not going to work, but there are perhaps other options which will emerge during the coming months.

2.        We want you to know that the Court does not consider that you are a hopeless case.  We think there are a lot of good points that we have read about in the reports and, in particular, your concern about the elderly lady, your willingness to engage in the restorative justice process and the fact that you do not take drugs when you are in prison.  There is a lot of good going for you and we think that you can make something of your life, and we very much hope that you will. 

3.        We hope that you also understand that we cannot allow people to break into other people's houses and not be punished for those offences.  So we must punish you.  We do not think that we can do it by a non-custodial penalty.  We think that the Law requires us to impose a custodial sentence and we impose a custodial sentence because you have shown that you are unable, or unwilling, to comply with non-custodial sentences and the totality of the offending is so serious that we cannot avoid imposing a custodial sentence.  We are going to reduce slightly the conclusions in order to encourage you and to make you realise that we have confidence in you, and in your ability to do something positive, when you come out of prison.

4.        We are going to impose the following sentences, on Count 1; 15 months' youth detention, on Count 2; 18 months' youth detention, Count 3; 18 months' youth detention, Count 4; 15 months' youth detention, Count 5; 18 months' youth detention, Count 6; 15 months' youth detention, Count 7; 15 months' youth detention, Count 8; 1 month's youth detention, Count 9; one month's youth detention.  All those sentences will run concurrently, making a total of 18 months' youth detention.  I have to tell you that when you have served that sentence you will be liable to be supervised by a Probation Officer, or some other person, for a period of time when you come out of custody.

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