Jersey Unreported Judgments

[2011]JRC060

ROYAL COURT

(Samedi Division)

18^th March 2011

The Attorney General

-v-

David John Byrne

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

Age:  29.

Plea: Guilty.

Details of Offence:

Byrne came to Jersey and within two weeks started using cheques to obtain cash and goods.  All the cheques were dishonoured.  Over a 3½ month period in 25 separate acts of dishonesty acquired £9,800 worth of cash and goods.  The offending was deliberate, planned and blatant illustrating greed rather than need.

Details of Mitigation:

Early guilty plea.  Letter of remorse to the Court.  Volunteered to pay compensation of £4,056 within 2 years of release from custody.  Had taken opportunity to study various courses in prison.

Previous Convictions:

Attempted robbery, thefts, burglary, motoring offences.

Conclusions:

Total:  2 years' imprisonment. 

Compensation Order in the sum of £4,056 sought in relation to Counts 1-21 (other than 19 and 20), payable over a 2 year period after release or 3 months' imprisonment in default. 

Sentence and Observations of Court:

Compensation Order relating to Counts 1-21 (other than 19 and 20):-

Benests of Millbrook - £49.49

Jersey Post - £3,250

De Gruchy & Company - £393

Iron Stores Marine - £174.48

Town Hall - £190

Conclusions granted. 

S. E. Fitz, Crown Advocate.

Advocate D. M. Grace for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        Mr Byrne, you are here to be sentenced on twenty five counts of dishonesty.  The circumstances are that you arrived in Jersey in early May last year.  On 12^th May you applied to open an account with Lloyds TSB (Offshore) Limited and the Court has noted with surprise that, within a week, you received a cheque book, a personal identification number and a cheque guarantee card before the bank had carried out its researches into your credit rating.  At all events, the bank subsequently told you that the account would not be activated and you were told to destroy or return the cheque book and the cheque guarantee card; however you did not do that but went on a spending spree. 

2.        The Crown concludes that your offending was deliberate, planned and blatant, and extended over a period of three and a half months involving twenty five separate acts of dishonesty totalling over £9,800 and the offending started within weeks of your arriving in the Island.  You acquired cash of £750 on 22^nd May and clothes worth £181; three days later £2,500 in cash and goods from suppliers and in one month over £4,000 in cash; you acquired a number of iPhones which you sold and tickets for Jersey Live which you sold at a total of £5,809. 

3.        You have a criminal record which includes convictions for dishonesty.  The Court takes the view that you knew perfectly well you were acting dishonestly at the time

4.        Your Counsel has put forward numbers of points in mitigation, most important of those is that you have pleaded guilty from a very early stage to these offences and also the Court has looked carefully at your letter of remorse, which is a good letter, and notes the remorse which your Counsel has expressed.  We have also noted that you say you have a wish to repay those whom you have defrauded and we have taken account of the courses which you have undergone in prison so far and the fact that you want to take further courses in order to advance your career and all that is very much to your credit. 

5.        Nonetheless, you have to be sentenced for the offences which you have committed and the Court has looked carefully at the conclusions of the Crown and we consider that they are appropriate and accordingly we do sentence you to 2 years' imprisonment in total.  The breakdown of the sentence on each count will be in accordance with the schedule which the Crown has passed up and a copy of which your Counsel will have. 

6.        We also order you to pay compensation to the various persons you have defrauded, other than Jersey Telecom, who we are advised are taking proceedings separately.  So in respect of Counts 1-21, other than 19 and 20, there is a Compensation Order in the sum of £4,056 and in default a period of 3 months' imprisonment.  You have 2 years from the date you are released to make these payments. 

No Authorities