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Cite as: [2007] JRC 166

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[2007]JRC166

ROYAL COURT

(Samedi Division)

31^st August 2007

Before :

F. C. Hamon, Esq., O.B.E., Commissioner, and Jurats Tibbo, and King.

The Attorney General

-v-

Martin John Wakeling

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

1 count of:	Attempted larceny. (Count 1).
1 count of:	Receiving stolen goods. (Count 2).
1 count of:	Failing to comply with the conditions of a provisional driving licence, contrary to Article 11(2) of the Road Traffic (Jersey) Law 1956. (Count 3).
1 count of:	Driving whilst uninsured, contrary to Article 2(1) of the Motor Traffic (Third Party Insurance) (Jersey) Law, 1948. (Count 4).

Breach of 18 month Probation Order imposed by the Royal Court on 21^st July, 2006, following guilty pleas to the following charges:

1 count of:	Being knowingly concerned in the fraudulent evasion of the prohibition on the importation of a controlled drug, contrary to Article 61(2)(b) of the Customs and Excise (Jersey) Law, 1999. (Count 5).
1 count of:	Breaking and entering with intent to commit a crime. (Count 6).

Age: 33.

Plea: Guilty.

Details of Offence:

On 3^rd November, 2006, the Defendant was seen concealing a bottle of Smirnoff Blue vodka under his sweater in Benest's of Milbrook, and when challenged placed it back on a shelf, before pulling away from staff. (Count 1). On 12^th December, 2006, there was a break and entry at Alfonso's Catering, Cheapside, where among other items stolen were a considerable number of mobile telephone top-up cards. The Defendant was identified as being in possession of a number of these cards. (Count 2). The Defendant was seen driving a Nissan Primera in Gloucester Street on 10^th January, 2007, and was subsequently arrested. (Counts 3 and 4). On interview the Defendant admitted buying approximately 40 top-up cards from a male he would only identify as "Chris", paying £40 for the cards which were believed to be worth £200. He also admitted that he had driven his vehicle without complying with the terms of his provisional licence, and also admitted driving while uninsured.

In committing these offences the Defendant was in breach of an 18 month Probation Order imposed by the Royal Court on 21^st July, 2006, following guilty pleas to one charge of being knowingly concerned in the importation of a controlled drug (approximately 5 grams of heroin), and one charge of breaking and entering with intent to commit a crime.

Details of Mitigation:

Guilty plea.

Previous Convictions:

208 previous offences including theft, receiving stolen goods, offences against property, fraud, public disorder offences, drug offences, and motoring offences, several of which were for driving while uninsured and unlicensed.

Conclusions:

Count 1:	1 month's imprisonment.
Count 2:	12 months' imprisonment, concurrent.
Count 3:	2 months' imprisonment, concurrent.
Count 4:	15 months' imprisonment, concurrent.

Total: 15 months' imprisonment.

Breach Counts

Count 5:	2 years' imprisonment.
Count 6:	9 months' imprisonment, concurrent.

Total: 2 years' imprisonment.

Breach counts to run consecutive to first indictment making a total of 3 years' 3 months' imprisonment.

Sentence and Observations of Court:

Count 1:	Absolute discharge.
Count 2:	9 months' imprisonment.
Count 3:	2 months' imprisonment, concurrent.
Count 4:	15 months' imprisonment, concurrent.

Total: 15 months' imprisonment.

Breach Counts

Count 5:	1 year's imprisonment.
Count 6:	9 months' imprisonment, concurrent.

Total: 1 year's imprisonment.

Breach counts to run consecutive to first indictment making a total of 2 years' 3 months' imprisonment.

The Defendant was also disqualified from driving for 12 months.

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

Advocate C. M. Fogarty for the Defendant.

JUDGMENT

THE COMMISSIONER:

1. Wakeling has pleaded guilty to various charges and he comes to this Court on remand from the prison at La Moye. He was noticed on 3^rd November, 2006, taking and concealing under his sweater a bottle of vodka at a supermarket. He was given a verbal warning at a Parish Hall enquiry, but later, on the ruling of the Attorney General, he was charged with attempted larceny. A month later he was found to be in possession of 40 telephone top-up cards, a considerable number of which, with other items, had been stolen from Alfonso's Catering at Cheapside. He was later arrested driving a vehicle for which he did not have a full driving licence. His provisional licence required that a full licence holder of three years standing be in the car while he was driving and, more seriously, he was not insured.

2. In committing these offences he was also in breach of an 18 month Probation Order imposed by this Court on 21^st July, 2006. The offences with which he was originally charged were of being knowingly concerned in the importation of 5 grams of heroin and one charge of breaking and entering with intent to commit a crime.

3. Wakeling has some 31 convictions for 208 offences between 1990 and today. These offences cover a wide range. He has breached three previous Probation Orders, a Binding Over Order and has committed offences while on bail.

4. Not surprisingly, despite his application for bail, he has been remanded in custody since 12^th January, 2007, and pleaded guilty in the Magistrates Court on 26^th January of this year.

5. We have a Social Enquiry Report, which says that he is at a high risk of re-offending, but he has indicated that he does not wish to be bound by the terms of a further Probation Order. There is no recommendation made by the Alcohol and Drug Report.

6. In Wylie v AG [2002] JCA 13 the Jersey Court of Appeal said "we do not consider that it is appropriate for us to lay down guidelines for sentencing for this offence", on the basis that it will require further research.

7. We have to look closely at the offences charged. Wakeling admits to paying £40 for £200 worth of top-up cards. His offence on the first Count was an attempt to steal a bottle of vodka valued at £21.19 for which he received a verbal warning by the Centenier. In regard to the driving offences we have to note that, despite his explanations, he has numerous previous convictions for driving without insurance.

8. His guilty pleas are his main piece of mitigation. The Crown Advocate rightly says there is no credit for age or character, particularly with his long criminal record. To a certain extent he has wasted the opportunity given to him by the Court when he was given Probation for importing a personal amount of heroin and breaking and entering, although he did, whilst on Probation, complete the Smart course. We have carefully re-read the passages in the Probation Report that Counsel referred us to, as well as the letter that was handed up to us.

9. In the circumstances, because of his guilty plea and the other mitigating circumstances, we are going to discharge Count 1 in view of the decision taken at the Parish Hall enquiry. Count 2, you are sentenced to 9 months' imprisonment, Count 3; 2 months' imprisonment, Count 4; 15 months' imprisonment, but we want to emphasise the dangers of driving without insurance, they are extremely serious. Now for the breach offences, as the Smart course was completed, we are going to sentence you to encourage you in some way. Count 5; 1 year's imprisonment, Count 6; 9 months' imprisonment. Counts 2-4 are concurrent as are Counts 5 and 6 concurrent, but Counts 5 and 6 are, of course, consecutive to Counts 2-4. You are therefore sentenced in total to 2 years and 3 months, and we are going to disqualify you for 12 months, which starts from today.

Authorities

Wylie v AG [2002] JCA 13