Jersey Unreported Judgments

[2007]JRC226

ROYAL COURT

(Samedi Division)

30^th November 2007

Before     :

Sir Philip Bailhache, Kt., Bailiff, and Jurats Le Breton and Newcombe.

The Attorney General

-v-

Luke James Oeillet

Zac Christopher Oeillet

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

Luke James Oeillet

1 count of:	Breaking and entering and larceny.  (Count 1).
1 count of:	Attempted larceny.  (Count 2).
1 count of:	Having in a public place an offensive weapon, contrary to Article 43 of the Firearms (Jersey) Law 2000.  (Count 3).
1 count of:	Breach of the peace (Count 4).

Age:  25.

Plea: Guilty.

Details of Offence:

Play.com: both broke in.  Security guard found them.  Zac threatened to cut his throat with his knife (although no knife was produced).  They left leaving the goods behind.  Luke: at Boots tried to cut security cord on camera with a knife.  Seen on CCTV by security.  The security guard stopped him and Luke threatened to slit his throat - pointing to his pocket where the knife was.

Details of Mitigation:

Under the influence of drugs; no-one injured.

Previous Convictions:

Previous convictions for illegal entry and breaking and entering.

Conclusions:

Count 1:	18 months' imprisonment.
Count 2:	3 months' imprisonment, consecutive.
Count 3:	6 months' imprisonment, consecutive.
Count 4:	6 months' imprisonment, concurrent to Count 3.
Total:	27 months' imprisonment.

Sentence and Observations of Court:

Count 1:	18 months' imprisonment.
Count 2:	1 month's imprisonment, consecutive.
Count 3:	6 months' imprisonment, consecutive.
Count 4:	6 months' imprisonment, concurrent to Count 3.
Total:	25 months' imprisonment.

Forfeiture and destruction of the weapon is ordered.

Zac Christopher Oeillet

1 count of:

Breaking and entering and larceny.  (Count 1).

Age:  30.

Plea: Guilty.

Details of Offence:

See Luke Oeillet above.

Details of Mitigation:

Daylight, commercial, impulsive, no loss.  Constructive use of time whilst at HMP.

Previous Convictions:

Previous convictions for illegal entry and breaking and entering.

Conclusions:

Count 1:

18 months' imprisonment.

Sentence and Observations of Court:

Conclusions granted.

R. C. L. Morley-Kirk, Crown Advocate.

Advocate M. J. Haines for Z. Oeillet.

Advocate P. S. Landick for L. Oeillet.

JUDGMENT

THE BAILIFF:

1.        These two defendants are both to be sentenced for an opportunistic break-in which was aggravated, however, by a threat to slit the throat of a security guard who had accosted them. 

2.        Luke Oeillet is also to be sentenced for entirely separate offences committed at Boots the Chemist when the offence of attempted larceny was again aggravated by the carrying of an offensive weapon and another threat to cut the throat of the security officer with that weapon which was a knife with a two inch blade.

3.        This Court wishes to emphasise once more that the carrying of knives and threats to use a knife are serious offences which must be punished severely.  Indeed we think that the two years maximum sentence is too low and we would request the Attorney General to refer the matter to the appropriate Minister so that consideration can be given to the possibility of increasing the maximum penalty.

4.        We deal first with Luke Oeillet.  He is aged 25 and has a very bad record of previous convictions.  He has been sentenced to imprisonment but has also received numbers of non-custodial orders many of which have been breached.

5.        In mitigation he pleaded guilty at an early stage and has expressed his remorse.  We think, however, that all these matters in mitigation have been taken into account by the Crown Advocate.  Violent threats to security guards carrying out their duty are not to be tolerated by this Court.  We are going to modify the conclusions slightly in that we think that 3 months for attempted larceny in the circumstances of the Boots' offence is on the high side.

6.        Luke Oeillet, on Count 1, you are sentenced to 18 months' imprisonment, on Count 2; 1 month's imprisonment, consecutive, Count 3; 6 months' imprisonment, consecutive, and on Count 4; 6 months' imprisonment, concurrent.  Count 4 to be concurrent to Count 3, but consecutive to the other counts making a total of 25 months' imprisonment.

7.        We turn now to his brother, Zac Oeillet, who is aged 33 and also has a lengthy record.  He has breached probation orders in 2004 and 2006.  Counsel realistically accepted the inevitability of a custodial sentence.  We have given very careful consideration to the submissions which he made.

8.        In mitigation Oeillet pleaded guilty and expressed remorse at an early stage and co-operated with the police in their enquiries.  He states that he wishes to change his ways.

9.        Zac Oeillet we hope that that last expression of intent is genuine and that you will when you come out of prison do exactly that.  You owe it to your son to whom you have not set a very good example so far to mend your ways and to do something useful with your life.  In the meantime we have to punish you for the offence. 

10.      The conclusions are granted and you are sentenced to 18 months' imprisonment. 

11.      We order the forfeiture and destruction of the knife.

No Authorities