Jersey Unreported Judgments

Inferior Number Sentencing - breaking and entering and larceny - larceny.

[2012]JRC010

Royal Court

(Samedi)

6 January 2012

Before     :

M. C. St. J. Birt, Esq., Bailiff, and Jurats Le Breton and Marett-Crosby.

The Attorney General

-v-

W

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

3 counts of:	Breaking and entering and larceny (Counts 1, 5 and 6).
2 counts of:	Larceny (Counts 2 and 8).
1 count of:	Attempted larceny (Count 3).
1 count of:	Breaking and entering with intent to commit a crime (Count 4).
2 counts of:	With having aided, assisted or participated in the said criminal act of larceny (Counts 7a and 9a).

Age:  16.

Plea: Guilty.

Details of Offence:

Counts 1-4

Between 26^th and 27^th June, 2011, W and an unidentified accomplice broke into Fort Regent by smashing a glass door panel from the Ramparts.  Once inside he broke into the Active Office and the Booking Office, causing damage inside the offices in the sum of £333.06 and stealing a till from the Active Office.  Breaking into the complex and those parts belonging to the States of Jersey forms the basis of Count 1.  The damage to glazing in the complex cost £422.38 to repair.  The defendant's fingerprints were found at the point of entry. 

Whilst inside the complex, W also stole £164 from a photo booth, causing damage in the process (Count 2).  His fingerprints were found inside the machine. 

W also attempted to steal the contents of two vending machines, causing considerable damage in doing so (Count 3).  Both machines had to be replaced, costing the owner £4,058.25.  W's fingerprints were found inside both machines. 

W also broke and entered the Arena Café, smashing a door in the process, though nothing was stolen (Count 4).  His fingerprints were found in two locations. 

In interview W denied all involvement despite being told that his fingerprints had been found at the scene.

Count 5

Between 12^th and 13^th July, 2011, W and an unidentified accomplice broke into Munchies Café on the Dandara building site on the Waterfront.  A laptop worth £700, £100 cash and SIM cards worth £25 were stolen.  The laptop was later recovered and returned to the owner.  W admitted this offence in interview. 

Count 6

Between 14^th and 15^th July, 2011, W and an unidentified accomplice broke into La Bray Café by removing part of the roof and climbing through.  They stole £200 and a till containing approximately £140.  The till was later found buried on the beach.  Damage was also caused to a cigarette machine where W's fingerprints were found on an internal surface.  In interview W admitted this offence, and that he had buried the till on the beach. 

Count 7a

Between 15^th and 19^th July, 2011, W assisted an unidentified accomplice in stealing an iCom UHF transceiver with a value of £130, a Garmin fish finder with a value of £188 and a Cobra GPS unit with a value of £200 from a boat belonging to his uncle moored at Victoria Pier.  W admitted this offence in interview. 

Count 8

Between 17^th and 18^th, 2011, W and an unidentified accomplice stole a till worth approximately £120 from The Fresh Fish Company trailer parked at Victoria Pier.  The till was later recovered from a nearby roof and W's fingerprints were found on the cash tray.  W admitted this offence in interview.

Count 9a

Between 17^th and 18^th July, 2011, W and an unidentified accomplice stole a Spectra fishing rod and electronic line counter reel with a value of approximately £200 and assorted tackle from a boat moored at the Fisherman's Marina.  These were later recovered and returned to the owner.  W admitted this offence in interview. 

Breach of Probation

This offending put W in breach of a 12 month Probation Order imposed on 15^th December, 2010, for robbery and possession of an offensive weapon.  W and his mother stole a wallet containing £400 in a street attack involving the infliction of punches.  W threatened the victim with a length of wood a short time later (see [2010] JRC 229 for full details). 

Aggravating features

W had been given a chance in April 2011 when a malicious damage in breach of the 2010 Probation Order was not referred to the Royal Court.  W offended by breaking into Fort Regent the night before sentencing on that malicious damage. 

Details of Mitigation:

Crown

Extreme youth - 15 years old at the time of the offences on the Indictment and 14 years old at the time of the breach offences; subject to the Criminal Justice (Young Offenders) (Jersey) Law, 1994. 

Assessed as being at moderate to high risk of re-offending but expressed a high degree of remorse and certain risk factors had been addressed. 

Cooperative in relation to some of the charges. 

Defence

Had fallen in with bad influences, some degree of peer pressure.  Had distanced himself from those influences since these offences; willing to engage in restorative justice. 

Previous Convictions:

Three previous convictions, namely the breach offences and a malicious damage. 

Conclusions:

Despite the serious nature of the offences, the Crown submitted that a "final chance" could be given and a non-custodial sentence could be imposed. 

Count 1:	120 hours' Community Service Order or 6 months' youth detention in default.
Count 2:	70 hours' Community Service Order or 2 months' youth detention in default, concurrent.
Count 3:	70 hours' Community Service Order or 2 months' youth detention in default, concurrent.
Count 4:	120 hours' Community Service Order or 6 months' youth detention in default, concurrent.
Count 5:	120 hours' Community Service Order or 6 months' youth detention in default, concurrent.
Count 6:	120 hours' Community Service Order or 6 months' youth detention in default, concurrent.
Count 7a:	70 hours' Community Service Order or 2 months' youth detention in default, concurrent.
Count 8:	70 hours' Community Service Order or 2 months' youth detention in default, concurrent.
Count 9a:	70 hours' Community Service Order or 2 months' youth detention in default, concurrent.

Total: 120 hours' Community Service Order, or 6 months' youth detention in default, together with a Probation Order for 6 months. 

No separate penalty for the breach offences. 

Sentence and Observations of Court:

One final chance would be given. 

Conclusions granted. 

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

Advocate J. W. R. Bell for the Defendant.

JUDGMENT

THE BAILIFF:

1.        In December 2010 you appeared before this Court on a serious charge of robbery.  But you were placed on probation because you were very young at the time, you would have been 14 at the time of the offence.  Then in April last year you broke that probation by committing the malicious damage offence at McDonalds but you were given another chance by the Youth Court which placed you on probation for 6 months.  Now you are before us for a total of nine offences, including four breaking and entries and five larcenies, or attempted larcenies.  They were all at commercial premises.  You were accompanied by others and they were committed over a three week period in June/July last year. 

2.        When the members of the Court read the papers we were all initially of the view that there was no alternative to youth detention.  You had been given your chances and you had failed to take advantage of them.  But we have been persuaded to give you one final chance.  We take into account, of course, Article 4 of the Criminal Justice (Young Offenders)(Jersey) Law 1994 and we think that there is the possibility that you will respond positively.  We very much hope so.  We take into account your youth; we are particularly impressed with the fact that you have kept out of trouble since these offences in July, and that you appear to have broken away from the people who you were associating with at the time, and who appear to have led you into this offending.  We hope very much you will maintain that because if you fall back into their company, we suspect you will fall back into bad ways.  We are also influenced by the fact that you have indicated now that you will engage in restorative justice; in other words that you will meet any of the victims who want to meet with you and see what can be done with the probation service to do that, and that is important.  We have also had regard to your letter and to your mother's letter, both of which clearly expressed remorse and hope for the future.  And finally we have had regard to all the other mitigation available on the papers before us.  So putting all these things together, we have just been persuaded that we do not need to send you to youth detention this time. 

3.        What we are going to do is to impose the community service moved for but we are also going to place you on probation for 6 months, because we think you will benefit from the assistance of the probation service, and they will also be able to arrange the restorative justice programme. 

4.        The sentence is as moved for by the Crown.  Count 1; 120 hours' community service, Count 2; 70 hours' community service, Count 3; 70 hours' community service, Count 4; 120 hours' community service, Count 5; 120 hours' community service, Count 6; 120 hours' community service, Count 7a; 70 hours' community service, Count 8; 70 hours' community service, Count 9a; 70 hours' community service, all of those concurrent.  We say that the equivalent sentence we had in mind was one of 6 months' youth detention and we make a 6 months' Probation Order, concurrent on every count as well. 

5.        Now you must understand you have been given a chance and that you have come within a whisker of going to youth detention.  So if you fail to do the community service or if you fail to comply with your probation officer's directions, or if you commit further offences you will be brought back here and I suspect you know what will happen then.  It is very hard to see any alternative to youth detention if any of those things happen.  We hope that we will not see you before us again. 

Authorities

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

AG-v-W and P [2010] JRC 229.

AG-v-Gaffney [1995] JRC 101.

Aspects of Whelan:  Larceny Simple & Break and Entry (Commercial Premises).