Jersey Unreported Judgments

[2009]JRC084

ROYAL COURT

(Samedi Division)

30^th April 2009

The Attorney General

-v-

PG

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

Age:  17.

Plea: Guilty.

Details of Offence:

On 4^th November, 2008, while drunk, PG maliciously damaged the front faring of a moped causing £560 worth of damage (Count 1).  He and a friend were located by Police and arrested.  They broke free and ran and hid from officers (Count 2).  When located, PG jumped on top of a van, and jumped up and down while shouting at the Police (Count 3).  His actions caused £2,800 worth of damage to the van.  He was arrested and admitted his offending.  He spent 20 days remanded in custody before being released on conditional bail.

On the evening of 29^th November, 2008, Police attended Pierson Road where an assault had been reported.  It was alleged that PG was the suspect, although he was not charged with that offence for the purpose of sentencing.  However, the Police attempted to secure his arrest on the night in question. 

PG, who was again intoxicated, climbed up onto rooftops overlooking the street and refused to come down.  He shouted at the officers and threw down into the street roofing insulation, a number of heavy gas canisters, a fire extinguisher and a paint pot.  These were all damaged (Count 5).  He hung off scaffolding and threatened to jump.  His actions prompted the Police to close the road and call in Police negotiators.  A crowd gathered and several separate public order offences ensued.  PG's actions amounted to an affray (Count 4).  He also kicked a ladder at an officer who was attempting to help him down.  The ladder narrowly missed the officer (Count 6).

After 3 hours PG eventually gave himself up and was arrested.  Whilst at the Police Station he subsequently threw a glass of water over the Police gaoler (Count 7).  In interview he admitted his offending and was remorseful.

Details of Mitigation:

Guilty pleas, youth and unfortunate childhood.

Previous Convictions:

9 previous convictions comprising 70 offences including a common assault in 2008 and many motoring offences similar to those found on the instant Indictment.

Conclusions:

Total:  9 months' 2 weeks' youth detention.

Sentence and Observations of Court:

The Court felt that in all the circumstances it could avoid a sentence of youth detention but took into the account that PG had already spent the equivalent of almost 7½ months in custody while on remand.

Total:  60 hours' community service order (equivalent in total of 6 weeks' youth detention in default) all to run concurrently and 18 months' probation to include coursework as recommended in Social Enquiry Report.

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

Advocate C. Hall for the Defendant.

JUDGMENT

THE commissioner:

1.        The defendant has pleaded guilty to 3 counts of malicious damage, 1 count of escaping lawful custody, 1 count of affray and 2 counts of assaulting Police Officers.

2.        The Prosecution accept that the affray was not premeditated and was at the lower end of the scale, as were the assaults on the Police.  We accept that applying Article (4)(2) of the Criminal Justice (Young Offenders)(Jersey) Law 1994 we would ordinarily regard the totality of offending, and taking into conjunction the defendants record, as giving us no option but to impose a custodial sentence, both on the ground of his failure to respond to previous non-custodial sentences and the seriousness of the offending.  The defendant has 27 previous convictions comprising 108 offences, including 16 offences against the person and numerous offences against property and the Police.  He has furthermore been assessed at a high risk of re-offending.

3.        In terms of his mitigation he is young, aged 17, and he has pleaded guilty.  We have considered his letter and are very impressed by it.  We see that you have used your time in prison very constructively, completing the 5 week carpentry course, the 6 week painting and decorating course and the 6 week block-work course, and we commend you for that.  We note also from your letter that, very sadly, since you were fifteen, you have spent only 6½ months out of custody, your 16^th and 17^th birthdays have been spent in custody together with both Christmas's for 2007 and 2008.  You are clearly an intelligent person and where you go from now is down to you.

4.        Your Counsel accept the conclusions of the Crown as being fair and we agree.  However, you have spent 171 days in custody, which is the equivalent of a sentence of 7½ months' youth detention.  If the conclusions were granted you would only have 1½ month's to spend in custody.  Perhaps unusually you, through your Counsel, have requested that we now impose upon you a sentence of community service together with probation, in what you and your Counsel accept will impose upon you a potentially greater burden.  It seems to us that perhaps the easy option might be for you to complete your sentence, but if we go with the recommendation of your Counsel you will serve 60 hours of community service and be placed under supervision attending some 58 hours of recommended courses.  It is also a risky course in that if you fail you will be brought back to this Court where you will be sentenced to at least 1½ months if not, to a potentially longer sentence.

5.        In making this submission you have the support of your family who we see are in Court.  After very careful consideration, we have considered the reports, we have considered your letter and everything else before us and we are prepared to accept the proposal that has been put forward by your Counsel.

6.        You will therefore be sentenced as follows; on count 1; 10 hours' community service and to probation for 18 months, on count 2; 30 hours' community service and probation of 18 months, on count 3; 30 hours' community service and probation for  18 months, on count 4; 60 hours' community service and probation for 18 months, on count 5; 10 hours' community service and probation for 18 months, on count 6; 20 hours' community service and probation for 18 months, and on count 7; 5 hours' community service with probation for 18 months.  On each of those counts the sentence is concurrent so that you will serve a total of 60 hours' community service and probation for 18 months.  In addition to the ordinary conditions that will be imposed upon you under a probation order you will attend such courses as the probation department may direct but in particular you will attend or undertake the Alcohol Study Group, the Anger Control Training Programme and the Core programme.  If you do breach those orders you will be back before us and undoubtedly be sentenced to imprisonment. 

Authorities

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

Whelan on Aspects of Sentencing in the Superior Court of Jersey.

AG-v-Shewan 1999/22.

AG-v-Skinner 2003/093A.

Thomas: "Principles of Sentencing" (2^nd Ed'n): pp110-112: Riot & Affray.