Jersey Unreported Judgments

[2009]JRC094

ROYAL COURT

(Samedi Division)

19^th May 2009

The Attorney General

-v-

Terry John Mahé

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

Age:  27.

Plea: Guilty.

Details of Offence:

The accused moved a motor vehicle registered to his brother to park it in Patriotic Street car park.  That afternoon he drove his brother from the car park to St Clement where he left the car for collection by someone else.  He was seen by police officers.  At the time he was disqualified from driving and uninsured (Counts 1 and 2).

The offending placed him in breach of a probation and community service order imposed by the Superior Number of the Royal Court in 2007.  The 2007 order itself resulted from a breach of an earlier probation and community service order imposed in 2005.  The 2007 offending involved a very serious episode of dangerous driving through streets in the town during the early hours of the morning.  The 2005 offending comprised a spree with several others involving multiple breaking and entering and larceny and motoring offences. 

At the date of sentencing the accused had completed the community service imposed on him in 2007 (and when sentenced in 2007 had likewise completed the community service imposed on him in 2005).  In the circumstances the Crown proceeded to sentence on the basis that the sentences to be moved for in relation to the instant Indictment should be augmented to reflect the breach of the 2007 probation order.

Details of Mitigation:

Guilty pleas.  Residual youth. 

Previous Convictions:

Appalling record containing a total of 205 previous convictions stretching back to 1994 including (principally) multiple offences of dishonesty and motoring.  The record contained multiple offences of driving whilst disqualified and driving whilst uninsured.

Conclusions:

Each of the above sentences allowed 3 months' imprisonment to reflect the breach of probation.

Total:  15 months' imprisonment and 3 years disqualification from driving.

Probation Order of 2007 to be discharged.

Sentence and Observations of Court:

Mahé stood to be sentenced in relation to offences of driving uninsured and driving without a licence.  In addition he was in breach of a two year probation and community service order imposed on him by the Superior Number in September 2007.  On that occasion he had been in breach of an earlier 2005 probation and community service order.

In 2007 in sentencing the accused the Deputy Bailiff had said:-"Now Mr Mahé you have been extraordinarily fortunate for a second time.  The Court urges, in particular, that you must not have any interest in a car and you must not drive.  You are disqualified from driving and if you cannot resist temptation again then you know the consequences.  Indeed you must realise, given how fortunate you have been, that this is your last chance.  If you come up before us again then there really will be no alternative but to send you to prison, regardless of the amount of progress that you have made".  Those words were final.

During interview the accused had given the police one reason for having driven on the day in question.  In Court his counsel had given a different reason.  He had driven from Gloucester Street to the White Horse Public House.  Mahé had an appalling record.  He had expressed no remorse.

The Court had been referred to the case of AG-v-Whiteford [1991] JLR N 12.  That case held that since disqualification from driving can be counter productive if the person disqualified cannot see the "light at the end of the tunnel" long periods of disqualification should be avoided.  The Court was, however, bound to take into account what had been said in 2007.

The sentencing had been held over from the previous Friday so that further enquiries could be made regarding the accused's application for admission to the Army.  The Court had instructed defence counsel to approach the accused's GP to resolve the outstanding query and to supply his record of convictions to the army authorities.  In adjourning the matter the Court had made it quite clear that it would need to be satisfied that all requirements for admission had been met.

The Court had read the various letters of reference.  These also referred to the accused's intention to join the Army.

The Army had now indicated it would not accept the accused.  In the circumstances the Court had no alternative. 

Conclusions granted.

A. J. Belhomme, Esq., Crown Advocate.

Advocate C. R. Baglin for the Defendant.

JUDGMENT

THE commissioner:

1.        Terry Mahé is charged with 2 serious offences, driving while disqualified and using a motor vehicle uninsured against third party risks.  He is also in breach of a 2 year probation and community service order imposed on him by the Superior Number of the Royal Court on 27^th September, 2007.  At that time, when he was sentenced, he was also in breach of an earlier 3 year probation and community service order imposed on him by the Royal Court on the 14^th October, 2005.

2.        At the time of the Superior Number sentencing the Deputy Bailiff said this:-

"Now Mr Mahé you have been extraordinarily fortunate for a second time.  The Court urges, in particular, that you really must not have any interest in a car and you must not drive.  You are disqualified from driving and if you cannot resist temptation again then you know the consequences.  Indeed you must realise, given how fortunate you have been, that this is your last chance.  If you come up before us again then there really will be no alternative but to send you to prison, regardless of the amount of progress that you have made.  You were given a chance last time, we are giving you a further chance.  We are impressed with the progress you have made and that is what has saved you today, but it will not save you on a future occasion if you cannot stop re-offending.  So this is your chance, but it is your last chance". 

These words were not offered other than as a final decision. 

3.        What he told the Police in interview is not what we were told in Court.  He told the Police in interview that the purpose of his journey was to collect his brother's jacket.  We were told by counsel that his purpose in driving was because his brother's motorcycle was unfit for use and he was taking a test.  He was driven to a garage where he would be able to borrow a motorcycle for these purposes.  He moved the car from the car park to avoid a fine and although he lives in Gloucester Street he had driven the car to the White Horse Inn at the Dyke to be collected by someone else.

4.        His record is quite appalling with 205 previous convictions going back to 1994.  He has received custodial and non-custodial sentences principally for driving whilst disqualified and driving while not insured.  He has shown no remorse.

5.        The learned Crown Advocate has shown us the case of AG-v-Whiteford [1991] JLR N 12 where the Court, Deputy Bailiff Tomes and Jurats Coutanche and Vibert held that since disqualification from driving can be counter-productive if the person disqualified cannot see the "light at the end of the tunnel", long periods of disqualification should be avoided.  But we have to have close regard to what the Superior Number said in 2007.  We have held over our decision from Friday last until today because Mahé has applied to enter the Army.  Sadly now having spoken to the Armed Forces Careers Office and we had a letter from Sergeant Van-Son to say that he was not medically cleared and we order that his GP should write immediately to the Careers Office.  We were also told that his previous convictions were still outstanding and we ordered that a printout be sent immediately.  We did say to counsel that by Tuesday we would need to know that all requirements of the Army to allow him to commence his six week course had been met. 

6.        We have of course read the very numerous letters sent on Mahé's behalf, many of which refer to his intention to join the army.  We have heard this morning unequivocally that the army will not now accept him.  

7.        We have no alternative but to order that you will have a 3 year disqualification from driving and on Count 1; 9 months' imprisonment, on Count 2; 15 months' imprisonment, concurrent which reflects the breach of probation.  That is a total of 15 months' imprisonment.

8.        The 2007 probation order is discharged.

Authorities

AG-v-Whiteford [1991] JLR N. 12.

AG-v-Mahé and others [2005] JRC 144A.

AG-v-Mahé [2007] JRC 183.