Jersey Unreported Judgments

[2009]JRC045

ROYAL COURT

(Samedi Division)

12^th March 2009

Before     :

M. C. St. J. Birt, Esq., Deputy Bailiff, and Jurats Tibbo and Bullen.

The Attorney General

-v-

William Cowling

Jake William Cowling

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

William Cowling

First Indictment

4 counts of:	Larceny.  (Counts 1, 2, 3 and 4).
1 count of:	Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978.  (Count 5).

Third Indictment

3 counts of:	Breaking and entry and larceny.  (Counts 2, 8 and 9).
1 count of:	Breaking and entering with intent to commit a crime.  (Count 7).

Breach of a Court Order.

Age:  18.

Plea: Guilty.

Details of Offence:

In May 2007, Jake broke into St Thomas' Church Hall and stole approximately £76 from inside a cupboard, which he damaged (Count 1).  His prints were taken when arrested and sent for analysis.  Prior to positive results being received, he was bound over to leave the Island for 3 years for another larceny of a charity box from the Town Church, and carrying an offensive weapon, namely a 10 inch combat knife.  His arrest was ordered.

Jake returned to the Island in 2008 in breach of his binding over order.  Once back he immediately started re-offending.

On 15^th June, 2008, he broke and entered six residential lock-ups at Century Buildings looking for items to steal.  However, he took nothing (Counts 2-7, 2^nd Indictment).  William, however, also entered various lock-ups at the same address and stole a large amount of alcohol and a suitcase to carry it in.  (Counts 2, 7, 8 and 9).

On 24^th June, 2008, Jake was one of several youths who illegally entered residential premises in St Helier.  On this occasion Jake stole a safe and its contents valued at £230.  (Count 18).

On 25^th June, 2008, after an argument at Robert's Garage, Jake threatened to punch the attendant (Count 2), and was arrested.  When searched he was found to have cannabis (Count 3) which he tried to swallow to obstruct the Police search (Count 4).  On 28^th June, 2008, Jake took and drove away a blue Audi (Count 5), which he crashed causing minor damage (Count 6).  At the time he had no licence (Count 7) and was uninsured (Count 8).

He was eventually re-arrested and admitted all the various offences, together with the breach of the previous binding over order.

Between 12^th and 15^th August, 2008, William stole three mobile phones from Jersey Telecom, together valued at almost £800.  He stole the last immediately after he had been dealt with by the Royal Court for a breach of a previous order and allowed a further chance to complete community service.

On 16^th August, 2008, William stole a play station game, valued at £18 from HMV (Count 4).

When William was arrested his accommodation was searched.  A total of 37 grams of herbal cannabis was found (Count 5).  William admitted the offences, and said that the cannabis was for personal use.  His offending placed him in breach of a Court order made on 15^th August, 2008, in relation to offences of cultivating cannabis, supplying cannabis and possession of the same (X2).

Details of Mitigation:

Guilty pleas, youth, terrible upbringing.

Previous Convictions:

8 previous convictions comprising 18 offences, including 5 larceny offences and 4 drugs offences (on for cultivation of cannabis the previous year).

Conclusions:

First Indictment

Count 1:	9 months' youth detention, concurrent.
Count 2:	9 months' youth detention, concurrent.
Count 3:	9 months' youth detention, concurrent.
Count 4:	3 months' youth detention, concurrent.
Count 5:	3 months' youth detention, consecutive.

Third Indictment

Count 2:	18 months' youth detention, concurrent.
Count 7:	18 months' youth detention, concurrent.
Count 8:	18 months' youth detention, concurrent.
Count 9:	18 months' youth detention, concurrent.

Breach of Court Order

Count 1:	9 months' youth detention, concurrent.
Count 2:	9 months' youth detention, concurrent.
Count 3	2 weeks' youth detention, concurrent.
Count 4:	2 weeks' youth detention, concurrent.

Breaches to run consecutive to the two Indictments.

Total:  30 month's youth detention.

Forfeiture and destruction of the drugs sought.

Sentence and Observations of Court:

First Indictment

Count 1:	9 months' youth detention, concurrent.
Count 2:	9 months' youth detention, concurrent.
Count 3:	9 months' youth detention, concurrent.
Count 4:	3 months' youth detention, concurrent.
Count 5:	3 months' youth detention, concurrent.

Third Indictment

Count 2:	15 months' youth detention.
Count 7:	15 months' youth detention.
Count 8:	15 months' youth detention.
Count 9:	15 months' youth detention, all concurrent.

Breach of Court Order

Conclusions granted.

Total:  24 months' youth detention.

Forfeiture and destruction of drugs ordered.

Jake William Cowling

Second Indictment

2 counts of:	Breaking and entry and larceny.  (Counts 1 and 18).
1 count of:	Assault.  (Count 2).
1 count of:	Obstructing a police officer.  (Count 3).
1 count of:	Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978.  (Count 4).
1 count of:	Taking a motor vehicle without the owner's consent or other lawful authority, contrary to Article 53(1) of the Road Traffic(Jersey) Law 1956.  (Count 5).
1 count of:	Failing to stop and report an accident, contrary to Article 52 of the Road Traffic(Jersey) Law 1956.  (Count 6).
1 count of:	Driving without a license, contrary to Article 4(1) of the Road Traffic(Jersey) Law 1956.  (Count 7).
1 count of:	Using a motor vehicle uninsured against third party risks, contrary to Article 2(1) of the Motor Traffic (Third Party Insurance)(Jersey) Law 1948.  (Count 8).

Third Indictment

6 counts of:

Breaking and entering with intent to commit a crime.  (Counts 2, 3, 4, 5, 6 and 7).

Breach of a Binding Over Order.

Age:  19.

Plea: Guilty.

Details of Offence:

See William Cowling as above.

Details of Mitigation:

Guilty pleas, youth, terrible upbringing.

Previous Convictions:

13 previous convictions comprising 76 offences, including 29 larceny and kindred offences, 2 offences against the person, and 1 drugs offence.

Conclusions:

Second Indictment

Count 1:	18 months' youth detention.
Count 2:	1 month's youth detention.
Count 3:	2 weeks' youth detention.
Count 4:	1 month's youth detention.
Count 5:	15 months' youth detention plus 2 years' disqualification.
Count 6:	1 month's youth detention.
Count 7:	£200 fine or 1 month's youth detention in default.
Count 8:	12 months' youth detention plus 2 years' disqualification.
Count 18:	18 months' youth detention.

Third Indictment

Count 2:	18 months' youth detention.
Count 3	18 months' youth detention.
Count 4:	18 months' youth detention.
Count 5:	18 months' youth detention.
Count 6:	18 months' youth detention.
Count 7:	18 months' youth detention.

Counts 1 and 18 on Second Indictment and Counts 2 to 7 on Third Indictments to run concurrently to each other but consecutive to Counts 2 to 4 on Second Indictment which should run concurrently to each other and consecutive to the Counts 5 to 8 on the Second Indictment which should run concurrently to each other and consecutive to the concurrent breach offences.

Breach of Binding Over Order

Count 1:	2 months' youth detention.
Count 2:	2 months' youth detention.

Breaches to run concurrent to one another but consecutive to the two Indictments.

Total:  3 years' youth detention plus 2 years' disqualification.

Forfeiture and destruction of the drugs sought.

Sentence and Observations of Court:

Second Indictment

Count 1:	18 months' youth detention.
Count 2:	1 month's youth detention.
Count 3:	2 weeks' youth detention.
Count 4:	1 month's youth detention.
Count 5:	9 months' youth detention plus 2 years' disqualification.
Count 6:	1 month's youth detention.
Count 7:	£200 fine or 1 month's youth detention in default.
Count 8:	9 months' youth detention.
Count 18:	18 months' youth detention.

Third Indictment

Count 2:	15 months' youth detention.
Count 3:	15 months' youth detention.
Count 4:	15 months' youth detention.
Count 5:	15 months' youth detention.
Count 6:	15 months' youth detention.
Count 7:	15 months' youth detention.

Counts 1 and 18 on Second Indictment and Counts 2 to 7 on Third Indictments to run concurrently to each other but consecutive to Counts 2 to 4 on Second Indictment which should run concurrently to each other and consecutive to the Counts 5 to 8 on the Second Indictment which should run concurrently to each other and consecutive to the concurrent breach offences

Breaches to run concurrent to one another but consecutive to the two Indictments.

Breach of Binding Over Order

Conclusions granted.

Total:  2½ years' youth detention plus 2 years' disqualification.

Forfeiture and destruction of drugs ordered.

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

Advocate J. C. Gollop for W. Cowling.

Advocate S. A. Pearmain for J. Cowling.

JUDGMENT

THE DEPUTY BAILIFF:

1.        Jake Cowling, you are before the Court for two breaking and entry and larceny, six breaking and entries with intent, a common assault, an obstruction of a police officer, taking and driving away and the associated offences of driving without insurance, and possession of cannabis.  You are also in breach of a binding over order to leave the island for possession of cannabis and larceny.  As your counsel has accepted, you have a very poor record, having been before the Court on some 13 occasions involving numerous offences many of which are very similar to those that you are before the Court for today.

2.        In mitigation you have pleaded guilty to the offences.  You are a young man, only 19.  We have had the references from the people you work for and we have carefully read your own letter.  We are in particular impressed with the efforts that you are making in youth detention and we hope and believe that these courses will stand you in good stead when you come out. 

3.        Mrs Pearmain has accepted that, taken at face value, the Crown's conclusions are not surprising, but she has urged us to take an exceptional step by imposing a non-custodial sentence, very largely because of the difficult background that you have undoubtedly had.  We fully accept that that has been a difficult background and that you have not had the advantages in life that many others do and we have considered very carefully whether we can go along with this suggestion made by your Advocate, but we have concluded that we cannot.  The seriousness of the offending and the number of previous convictions and the general contents of the reports convince us that that is not a practical proposition.  We must of course consider Article 4 of the Criminal Justice (Young Offenders)(Jersey) Law 1994 and we have; but we are satisfied that you have shown yourself unable or unwilling to respond to non-custodial sentences and we also regard the totality of offending as being so serious that a non-custodial sentence cannot be justified.  But we do very much take account of the points Mrs Pearmain has made and we are going to reduce the conclusions.  We have done this by simply looking at the total and we think the right total is 2½ years rather than the amount moved for by the Crown.  We are going to make some adjustment to the sentences simply to achieve that outcome.

4.        On the First Indictment the sentences are as follows:- Count 1; 18 months', Count 2; 1 month, Count 3; 1 month, Count 4; 2 weeks, Count 5; 9 months, plus 2 years disqualification, Count 6; 1 month, Count 7; £200 fine or 1 month in default, concurrent, Count 8; 9 months, plus 2 years' disqualification, Count 18; 18 months.  On the Third Indictment on all the counts we impose a sentence of 15 months.  For the breach of the binding over order we impose a sentence of 2 months' youth detention on both offences.  We keep to the same structure as the Crown; so in other words all the dishonesty and breaking and entry offences are concurrent, Counts 2 to 4 are consecutive so that is an additional 1 month, and Counts 5 to 8 are consecutive so that is an additional 9 months, as are the breach offences; so that is an additional 2 months making a total of 30 months and 2 years' disqualification from driving.

5.        William Cowling, you fall to be dealt with for three breaking and entry and larceny, one breaking and entry with intent, four larcenies and the possession of cannabis.  You also have to be dealt with for the offences for which you were given community service back in August of last year.  You too have a previous record although it is not as bad as your brother's.  We take into account your guilty plea, your youth (a year younger than your brother), the contents of the background report and the other matters that your Advocate has urged.  He too has asked if we can consider a non-custodial sentence and we have certainly considered that carefully. 

6.        In your case when the matter came before the Court in August, when you had failed to respond to the Probation Order, the Court gave you an additional chance and imposed community service and what the Court said was this:-

"Can I make this absolutely plain, this is your last chance, if you do not carry out the Community Service exactly as you are told, if you do not turn up when you are told to, if you do not work properly when you are there or if you re-offend, you will be brought back and if you are brought back you will go to youth detention.  It is your choice, if you carry out this community service and do not re-offend then you will not have to go to youth detention but if you fail to do so, you will go to La Moye". 

Now we make no criticism of not carrying out community service because you were remanded in custody not long afterwards.  But you did re-offend and although most of your offences were before then, it transpires that one of the offences was committed probably within an hour of the Court making those remarks.  In those circumstances it is simply not possible for the Court to proceed by way of a non-custodial sentence.  If the Court says it is your last chance and if you re-offend you will go inside for youth detention, then that is what has to happen and you must learn that there are consequences to actions.  Nevertheless we are pleased that you are taking advantage of your time in youth detention and we hope you will continue to do that, so that you are well placed to get employment when you come out.

7.        In your case the sentences are as follows; on the Second Indictment, on Counts 1 to 3; 9 months' youth detention, on Count 4; 3 months' youth detention, on Count 5; 3 months' youth detention, but all of those to be concurrent.  On the Third Indictment 15 months' youth detention on all 4 Counts concurrent and all of the sentences on both Indictments to be concurrent.  For the breach, the Court said that 9 months was the sentence it had in mind and therefore that is what you must serve; so Count 1; 9 months' youth detention, Count 2; 9 months, Count 3; 2 weeks, Count 4; 2 weeks, all of those concurrent but to be consecutive to the offences on the two Indictments.  That makes a total of 2 years.

8.        We order the forfeiture and destruction of the drugs.

Authorities

Criminal Justice (Young Offenders)(Jersey) Law 1994.