Jersey Unreported Judgments

Inferior Number Sentencing - motoring.

[2012]JRC109

Royal Court

(Samedi)

25 May 2012

Before     :

W. J. Bailhache, Q.C., Deputy Bailiff, and Jurats Le Cornu and Milner.

The Attorney General

-v-

Scot Geddes

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

1 count of:

Driving whilst under the influence of drink or drugs, contrary to Article 27(1) of the Road Traffic (Jersey) Law 1956 (Count 1).

Age:  23.

Plea: Guilty.

Details of Offence:

Driving whilst impaired through drugs:

On the night of 17^th January, 2012, the defendant drove from Les Quennevais to the Esplanade whilst under the influence of drugs.  A witness saw the car being driven erratically.  The car was seen to cross onto the incorrect side of the road and into the path of oncoming traffic.  At Bel Royal the car struck the central reservation, losing a hubcap and causing sparks to fly.  On Victoria Avenue the car was swerving across the white line and near to Tyneville Lane the car left the road and travelled for a distance with all four wheels on the pedestrian pavement. 

The police stopped the car on the Esplanade, the officers noted that the defendant's eyes were barely open.  He was shaking and incoherent.  When being assisted by the police to walk to the pavement the defendant's legs gave way beneath him and he fell against one of the officers. 

The defendant fell asleep several times during the custody procedure.  During the Doctor's examination the defendant admitted that he had injected 4-5 milligrams of Subutex and taken thirty 10 milligram tablets of diazepam during the course of the evening.  During the examination the defendant fell asleep whilst being read the instructions for the impairment tests and nearly fell off the chair, the Doctor noted that the pupils of his eyes were bilaterally dilated and his eyeballs diverged in different directions, this was consistent with the huge dose of drugs that he had consumed.  The Doctor concluded that the defendant was so grossly under the influence of drugs that it was not safe for him to undertake the impairment tests. 

Grave and criminal assault (Count 3): Previous offence and sentenced on 13^th May 2011 in the Royal Court:

On the evening of Wednesday 20^th October, 2010, the victim and his girlfriend were socialising in St Helier.  The defendant knew the victim's girlfriend.  The defendant and another man approached the victim.  There was a brief verbal altercation between the defendant and the victim.  The victim was punched by one of the males and he attempted to run off.  The assailants pursued the victim and caught up with him after a short distance.  The defendant then punched the victim causing him to fall to the ground, the second male then held the victim down whilst the defendant punched and kicked him in the face. 

Malicious damage (Count 4):

On 31^st October, 2010, the victim from the assault on 20^th October, 2010, was in a car with his girlfriend in St Helier.  The defendant and three friends approached the car, one person stood in front of the car to prevent it being driven off and the defendant kicked the car door causing damage. 

Possession of drugs (sentenced on 9^th July, 2011, in the Magistrate's Court):

On 9^th July, 2011, the defendant was found inside Platinum nightclub in possession of a personal amount of methylethcathinone, a class B drug commonly known as Mephedrone.  This offence put him in breach of the earlier Royal Court Orders.  The matter was referred to the Solicitor General who directed that the offending should be dealt with in the Magistrate's Court.

Details of Mitigation:

Guilty plea and cooperation with the police.  However the Crown contended that the circumstances of the offending were such that the defendant had little choice other than to plead guilty and therefore a full one third discount was not appropriate.  The defendant did not have the benefit of youth or good character. 

The offence of driving whilst impaired through drugs was committed whilst the defendant was subject to probation, community service and binding over orders. 

Previous Convictions:

The defendant had 9 previous convictions for inter alia driving without due care and attention, failing to stop and report an accident, possession of class B and C drugs, breach of the peace by fighting, malicious damage and grave and criminal assault.  The defendant had twice breached court orders in the past. 

Prior to reoffending the defendant had failed to complete the community service from his previous sentence in the time allowed by the Court, however he had been permitted to continue to discharge the order beyond the allotted time in order to complete the outstanding balance of 118 hours.  This continued after the defendant reoffended and the order was finally satisfied 6 days before the breach was due to come back before the Court. 

Conclusions:

Having had regard for all the circumstances of the offending, the mitigating and aggravating factors the Crown moved:

Count 1:

4 months' imprisonment and 3 years' disqualification from driving.

13 May 2011 Indictment

Count 3:	No separate penalty.
Count 4:	No separate penalty.

Breach of the Magistrate's Court Binding Over Order: 12 month exclusion order from licensed premises.

Total: 4 months' imprisonment, 3 years' disqualification from driving and a 12 month exclusion order from licensed premises.

Sentence and Observations of Court:

This was a case of exceptionally poor driving and the defendant had presented a danger to the public.  Breaches of Court Orders were serious matters.  The Court noted that the grave and criminal assault had been cowardly, the defendant and another had chased their victim and punched and kicked him whilst he was on the ground.  The defendant had also breached a Magistrate's Court order.  The Court however noted that the defendant had held a job for the past year; he had the support of his family and had presented the Court with good references.  The Court accepted that he had tried to change his life and would therefore give him a chance. 

Count 1:

£600 fine or 6 weeks' imprisonment in default of payment, with 4 months to pay and 2 years' disqualification from driving.

13 May 2011 Indictment

Count 3:	120 hours' Community Service Order, or 6 months' imprisonment in default and an 18 month Probation Order.
Count 4:	120 hours' Community Service Order, or 6 months' imprisonment in default and an 18 month Probation Order, concurrent.

Breach of the Magistrate's Court Binding Over Order: No separate penalty.

Total: £600 fine, 2 years' disqualification from driving, 120 hours' Community Service Order and an 18 month Probation Order.

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

Advocate D. V. Blackmore for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        You are here to be sentenced for driving whilst under the influence of drink or drugs on 17^th January, 2012.  On that occasion your driving was very poor indeed.  It was noted that you were swerving across the road at 11:20pm and that at one point you crossed the road completely into the incorrect lane into the path on oncoming traffic, you struck the central reservation on Victoria Avenue. 

2.        As a result of that you were in breach of the Court's order in May of last year when you were sentenced for an offence of grave and criminal assault.  On that occasion you had chased the victim, with one of your friends, from one street to another, set on him and kicked him and punched him while he was on the ground, and I told you then it was a very serious offence.  It was a nasty and a cowardly offence because there were two of you ganging up on one person who tried to get away.  When you were here in May last year I gave a warning, "if you breach the order which we are about to impose you will be brought back to the Court and it is the very strong recommendation of this Court that the alternative sentence in custody should then be imposed."  You were put on probation for a period of 18 months and sentenced to 240 hours' community service.  As a result of the drinking and driving conviction in January you are in breach of that order and you fall to be sentenced again for that offence of grave and criminal assault. 

3.        You are also in breach of the sentence in the Magistrate's Court for the drugs offence in November.

4.        We have been told that you have rethought your life.  Our experience in this Court is that this is often said to us and sometimes it is true.  But the onus is on you actually to show it and we are going to give you a chance despite what was said last May.  We are doing so because we think that you have held down a job for 12 months and you have a very fine reference from your employer.  You have also a wide variety of references and we are very much influenced by the fact that you have a support network from your mother and your step-father and your girlfriend. 

5.        The breach of the community service order, at the time that you committed the offence, and the breach of probation is a serious matter and you should not underestimate how lucky you are that the Court on this occasion is not going to follow through with what it said to you last May, because normally that would be the case.

6.        On the offence of driving under the influence of alcohol or drugs you are sentenced to a fine of £600, or 6 weeks' imprisonment in default of payment, and we are going to give you 4 months to pay.  You will be disqualified from driving for a period of 2 years.  On the offence of grave and criminal assault, which comes back before us for the reasons which I have given, you are put on probation for a further period of 18 months and there will be all the standard terms attached to the probation order, but in particular that you abstain from all illegal and non-prescribed opiates, which will be confirmed by random and routine drugs tests, that you attend the Alcohol and Drugs Service for 12 months, that you comply with treatment goals agreed with the Alcohol and Drugs Service and that you attend any such other courses and programmes as the Probation Service may determine.  We are also going to impose a penalty of 120 hours' community service, this marks the breach of probation and the breach of the community service order because you committed the offence whilst on community service.  We are not going to impose any separate penalty on the breach of the Magistrate's Court order last November.

7.        If you fail to observe any of these conditions you are liable to be brought back before this Court and sentenced again.  I do want to emphasise you are being given a chance because your chance to turn your life around is there here and now.  It beckons for you, but you must take it.

Authorities

Criminal Justice (Community Dervice Orders)(Jersey) Law 2001.

AG v Geddes [2011] JRC 097.

Louis-v-AG [2010] JLR N45.