Jersey Unreported Judgments

[2008]JRC119

ROYAL COURT

(Samedi Division)

25^th July 2008

The Attorney General

-v-

Gordon John McCallum

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

Age:  21

Plea: Guilty.

Details of Offence:

Break-ins at Watersplash and Le Maistre Brothers, organised, stolen vehicle used in one.

Details of Mitigation:

21 years old with a young son.  Alcohol problem, family problems at aged 13 (father left home for another woman).

Previous Convictions:

14 convictions 27 offences.  13 theft related, 5 for burglary.  On licence (UK) for burglary and bound over (Jersey) for driving offences at time these offences were committed.

Conclusions:

Total: 2 years' imprisonment and 3 years' disqualification from driving.

Sentence and Observations of Court:

Conclusions granted.  Pleas only entered after forensic evidence obtained.  Poor record and offences occurred within weeks of arriving in Jersey, having been on licence.  2 years' disqualification from driving.

H. Sharp, Esq., Crown Advocate.

Advocate C. Nicolle for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        McCallum, you have a poor record including a number of previous convictions for burglary.

2.        When you came to Jersey in October 2007 you were on license from a sentence of two years youth detention imposed by Warwick Crown Court and within a matter of weeks of coming to Jersey you committed these offences.  That is two breaking and entry and larceny of commercial premises, receiving a mobile phone, attempting to take away a motor vehicle and possession of a small amount of cannabis.

3.        You were initially uncooperative at interview.  You denied involvement, or made no comment, and you only admitted your guilt when forensic evidence linking you to the scene was received. 

4.        In mitigation you have pleaded guilty.  There is your youth, you are only 21.  There are the contents of the background report, which we have read carefully, and in particular we are very pleased to note that you are taking advantage of the courses which are being offered in prison and we do urge you to continue to do that so that when you are released, so you will be well placed, hopefully, to move forward.  We note you have realised that you have got an alcohol problem and we have considered carefully everything you have said in your letter.

5.        We note the sentence passed on your co-accused in the Magistrate's Court in relation to Count 2, namely one of community service, but there are considerable differences between you and him, both in relation to the offences, which are before us, and in relation to your previous record.  We are quite satisfied there is no alternative to imprisonment and, although we have carefully considered everything Miss Nicolle has said on your part, we think the Crown has made sufficient allowance for the mitigation.

6.        So the sentence is as follows, on Count 1; 20 months' imprisonment, on Count 2; 20 months' imprisonment, concurrent, Count 3; 3 months' imprisonment, concurrent, Count 4; 4 months' imprisonment, consecutive, Count 5; 1 week concurrent, making a total of 2 years' imprisonment.

7.        We disqualify you for two years, not the three that the Crown has asked for, and we order the forfeiture and destruction of the cannabis.

No Authorities