Jersey Unreported Judgments

[2009]JRC119

ROYAL COURT

(Samedi Division)

12^th June 2009

The Attorney General

-v-

Kevin John Falle

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

Age:  35.

Plea: Guilty.

Details of Offence:

At 10pm on Friday 21^st November, the defendant broke into a property, rooms to the rear of the Sandranne Hotel, St Helier, and disturbed the family of three.  The father went to investigate and unlocked the door to his son's bedroom but when he pushed the door open, someone pushed back from within, closing the door and then locking it.  He went outside into the courtyard where he saw the defendant climbing out of a narrow gap at the top of the window, with his upper body already through the opening.  This space would normally have been blocked by two slats of glass, but these had been removed and placed on the ground.  The defendant climbed back inside the bedroom before unlocking the bedroom door and stepping into the hallway.  The father saw that his young son's Playstation computer game had been unplugged and placed on the bed, and accused the defendant of trying to steal it.  The defendant denied this.  The Police were called and when they arrived the defendant denied any wrongdoing and stated that "I have not been in anywhere".  An initial search of Falle produced a scart connector from a pocket in his fleece top which was missing from the bedroom.  In interview the defendant denied the offence and stated that the Police and the family were lying and the electronic connector had been planted on him.

As regards count 2, two days before this the defendant was arrested on suspicion of attempting to obtain prescribed drugs by false pretences and following arrest was issued a Police cell suit.  After he had been placed in the cell he ripped the suit, causing damage of £101.  A not guilty plea was accepted on count 1, with that offence to lie on file.

Details of Mitigation:

Guilty plea, main carer for his elderly father, had found part-time job, now expressed remorse.

Previous Convictions:

22 convictions for 80 offences, many for breaking and entering.

Conclusions:

Total:  3 years' imprisonment.

Sentence and Observations of Court:

Total:  240 hours' community service order and 18 month probation order plus 12 month treatment order.

R. C. P. Pedley, Esq., Crown Advocate.

Advocate C. R. Baglin for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        Mr Falle, when you were intoxicated you broke into a residential home.  We accept that it was an opportunistic crime and that you had not planned it but you were seen by the father of the house and the Police were called.  The unusual aspect of the offence is that you simply sat down and waited for the Police, you did not try to run away and there was no suggestion of any threatening behaviour. 

2.        You have a very long record for offences including many of breaking and entering and the Crown, not surprisingly, have moved for a sentence of 3 years.  Breaking and entering into a residential home is always treated by the Court as serious and if a prison sentence is what is required, we have no doubt that 3 years is the correct length of sentence.  But Mr Baglin submits on your behalf that we should take the exceptional course of not imposing such a sentence.  He points to a number of factors but he says in particular, that you have made real efforts to turn your life around and we accept that this is so.  You have recently completed a probation order for the first time, and you have been free of heroin for nearly two years and have now been on the methadone programme.  That is considerable progress compared with the sort of state you have been in when you have appeared before us previously.  He points out that you have not offended since early 2007 and that, for you, is a long period without offending.  He also points out that you are now the main carer for your father who is over ninety, and that you are doing this as well as holding down a newspaper delivery job, which again, is progress for you.  He refers also to the reports that we have, the probation report and that of Mr Gafoor, both of whom recommend a non-custodial sentence on the basis that this is perhaps a once and for only opportunity, and that this offers real prospects of trying, finally, to overcome your drink and drug problems.  He also points out that you have been on bail for a number of months pending this offence and that you have not re-offended, although that has been something you have often done in the past, and that you complied with all the conditions.

3.        When the Court read the Crown's summary it seemed inevitable that, for a man with your record, the Crown's conclusions would have to be granted.  But we have been persuaded, not without some hesitation, that, taking account of all the mitigation I have described, and that which appears from the papers before us, you really are determined to change the course of your life and that we should give you a chance to show that you can do this.  It really is a very exceptional course and you must realise how fortunate you are.  We are going to agree with the recommendations both of the probation service and of Mr Gafoor.

4.        On the Counts to which you have pleaded guilty, that's Counts 2 to 4, we are going to impose an 18 month probation order and we will impose along with that a 12 month treatment order, which means that you must attend the Alcohol and Drugs Service as directed and you must comply with all their treatment goals and their testing as required by the service.  Furthermore, we think you must also be punished by way of community service.  We do not think it necessary to impose the exact equivalent of a 3 year sentence as we think that might impact on your ability to look after your father and to fulfil the requirements of the probation order and the treatment order.  Nevertheless, we repeat that we think 3 years is the correct sentence, so if you are brought back for a breach of anything, that is the sentence you will be looking at.  We think the right sentence in terms of community service is one of 240 hours and that, therefore, is what we impose.  I repeat, you have been extremely fortunate, you must realise that if you do not comply with the probation order, if you re-offend or if you do not obey the probation order's instructions, if you do not attend the treatment order or if you do not carry out the community service, you will be brought back here and there can only then be one answer as to what happens; you will go to prison

Authorities

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

AG-v-Falle 2000/193.