Jersey Unreported Judgments

[2009]JRC118

ROYAL COURT

(Samedi Division)

12^th June 2009

The Attorney General

-v-

Kieran Jonathan O'Neill

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

Age:  30.

Plea: Guilty.

Details of Offence:

Following a long drinking session coupled with smoking cannabis the accused entered Ladbrokes shortly before closing time.  A female cashier was working alone.  The accused went up to the counter and said "Give me the money".  His demeanour was threatening.  The cashier pulled open the petty cash draw and told the accused "That's all there is".  He said there should be more but she repeatedly told him there was not as she had put the rest in the night safe.  In a statement given later she said that in 30 years of working for Ladbrokes she had never felt so scared.  She handed over the £60 to the accused (Counts 1 and 2).

The cashier then reached for and pressed the panic button as she was worried by the accused's tone and didn't know if he intended to rob her.  She became upset and tearful.  At this point the accused's demeanour changed.  He said he did not want the money and passed it back to her.  The accused made no effort to leave the shop but remained at the counter chatting congenially about his life and hobbies as though nothing had happened.  The Police arrived and the accused was found in possession of a clear plastic bag containing 22 milligrams of cocaine and 289 milligrams of cannabis resin (Counts 3 and 4).  Later that evening his home was searched and a further 6.5 grams of cannabis was recovered (Count 5).

During interview the accused initially denied demanding money and taking it.  He then said he really did not know what had happened and could not recall events as he had drunk ten pints.  He said he was gutted and readily acknowledged his behaviour would have frightened the cashier.  The accused said he felt sorry for her and acknowledged she must have felt scared the whole time he was in the shop.  He could offer no explanation for his conduct.  He frankly admitted the drugs found on his person and at his home were his.

Details of Mitigation:

Guilty pleas and remorse.  Having stolen the money the accused immediately returned it.  His threatening behaviour was short-lived.

Previous Convictions:

5 previous convictions including assault, breach of the peace and possession of drugs.

Conclusions:

Total:  180 hours' community service order and 12 month probation order, concurrent on all counts.

Forfeiture and destruction of drugs order sought.

Sentence and Observations of Court:

This was a puzzling offence.  The accused had spent the day drinking.  He went to the bookmakers and demanded £60 and then passed it back.  Having passed the money back he chatted congenially to the cashier.  The Police arrived.  He was co-operative.  This was a very frightening experience for the cashier.  She was a woman on her own facing threatening behaviour.  The accused had realised this and had apologised during interview.  In mitigation there was the early guilty plea, only minor convictions, this was short-lived offence and the accused had excellent references.  The Social Enquiry Report did not recommend prison.  The offence was drink related and out of character.  The Court would place the accused on 12 months' probation on all counts concurrently coupled with a condition he not enter 1^st or 7^th Category licensed premises.  Insofar as community service was concerned this had to punish the accused.  The Crown had moved for 180 hours (an equivalent of 12 months' imprisonment).  The accused's counsel had argued for less and had cited Whelan (section dealing with larceny).  This was not, however, a typical offence of larceny.  It was coupled with threatening behaviour.  In the Court's view the Crown's conclusions were correct.  The offending would otherwise have merited 12 months' imprisonment.  Accordingly, the Court would impose 180 hours' community service.  The accused was warned that if he did not comply he would be brought back and would be likely to go to prison.

Total:  180 hours' community service order plus 12 month probation order with condition attached.

Forfeiture and destruction of drugs order made.

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

Advocate C. R. Baglin for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        This was a puzzling offence.  After spending the day drinking you went into the bookmaker's and you demanded money.  The cashier gave you £60 but your behaviour then changed and you passed the money back to her saying you did not want it and you remained chatting to her in a congenial manner.  When the Police arrived you were entirely co-operative.  But the serious aspect of the offence is that this was obviously a very frightening experience for the cashier.  She was a woman, alone in the shop towards the closing hour and you were a threatening presence.  To your credit you clearly realised this quite quickly and you apologised to her repeatedly during the Police interviews.

2.        There is much to be said in mitigation on your behalf, not only your early guilty plea and your minor previous convictions, but the fact that this was a very short-lived offence and you have excellent work and personal references as we have seen and the background report recommends that we do not need to send you to prison.  It was however drink related and it was frightening for the cashier.  But in all the circumstances and taking into account the reports and the fact that the Crown is moving for a non-custodial sentence, we think we can proceed in that way because we think that this was out of character.

3.        We are going to impose a probation order of 12 months on all the Counts you face and we are going to impose a condition on that probation order that you may not enter 1^st or 7^th Category premises, in other words pubs and clubs.  As to community service we must punish you.  This was far too serious not to be punished by community service.  The Crown move for 180 hours which is the equivalent of 12 months' imprisonment.  Your Advocate has argued it should be less and he has referred us to Whelan which sets out sentences passed for various offences of larceny.  But this was not a typical offence of larceny, this was accompanied by this threatening conduct and in our judgment the cases mentioned in Whelan are very different.  We think the Crown's conclusions are absolutely right.  This was a serious offence and if we were going to send you to prison it would merit 12 months' imprisonment.  That is the sentence we would have imposed.  Therefore we do agree with the Crown's conclusions of community service of 180 hours and that is what you must carry out.  I must warn you that if you do not fulfil your probation order, if you do not do what the probation order says or if you fail to comply with their directions or if you do not carry out your community service when directed or of course, if you re-offend, you will be brought back here and at that stage the likely outcome is one of prison.  You have your opportunity, we hope that we do not see you back before us.

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

Authorities

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