Jersey Unreported Judgments

Inferior Number Sentencing - various motoring offences.

[2013]JRC124

Royal Court

(Samedi)

21 June 2013

The Attorney General

-v-

Luke John Edmundson

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

Age:  20.

Plea: Guilty.

Details of Offence:

In the early hours of 10^th February, 2013, police officers observed Edmundson driving his mother's VW Beetle in the Stopford Road area of St Helier.  He was carrying a female passenger.  Following checks with the Forces Control Room they attempted to stop Edmundson as he only held a provisional licence and he was not the registered owner of the vehicle.  Edmundson attempted to evade the police by braking suddenly and then driving off at speed.  He drove in this manner on roads passing through both residential and rural areas.  Driving conditions were poor, owing to wet roads, but no accident occurred. 

Edmundson abandoned the vehicle on the wrong side of Les Varines and ran off across fields.  He was found at his home some hours later. 

As a result of the above Edmundson was in breach of a Probation Order and a Community Service Order imposed by the Royal Court on 18^th May, 2012, for matters including grave and criminal assault and affray, and in breach of a further Probation Order imposed by the Magistrate's Court on 31^st October, 2012, for indecent exposure.  He had completed 20 out of 300 hours of community service by the time of sentence. 

Details of Mitigation:

The Crown

20 years old; to be treated as a young offender and thus only imprisoned if no alternative.  Not of good character; guilty pleas; concerns re admission to probation Service of taking ecstasy (or equivalent) that evening and being "off his head" when driving.  However no offences of violence for over 2 years and social enquiry report provides cautious grounds for optimism that he is changing his attitude.  Further community service on this occasion would be his very last chance to avoid custody. 

The Defence

Risk of endangering other road users lessened due to time of night.  No accident; admissions once all evidence presented; complied with interim driving restrictions in bail conditions for 4 months.  Guilty pleas.  No statement of complaint re taking without consent.  Remorse; youth; taking steps to turn life around; job as major stabilising factor, remains open to him; family support.  Last chance warning not lost on him. 

Previous Convictions:

8 convictions for 21 offences including driving whilst disqualified by reason of age x 1; insurance related offences x 2; driving without a licence x 1; miscellaneous motoring offence x 3 and breach offences x 3. 

Conclusions:

Total: 90 hours' Community Service Order, equivalent to 3 months' youth detention, consecutive to the existing Community Service Order imposed by the Royal Court on 18^th May, 2012, ([2012] JRC 102B).  Disqualification from driving for 6 months and a £300 fine, default sentence of 21 days' youth detention. 

Sentence and Observations of Court:

The Deputy Bailiff's warning on 18^th of May, 2012, sentencing remarks, that this was a last chance, noted.  Notwithstanding that, Criminal Justice (Young Offenders)(Jersey) Law 1994 still applies.  Crown suggests that custodial alternatives are appropriate in this case.

The Court took some persuading not to impose custodial sentences given (1) nature of the breach offences and (2) that Edmundson's actions had satisfied some limbs of the Young Offender's Law such that the Court could have imposed a custodial sentence.  Notwithstanding that, the Court bore in mind his youth and was encouraged that he had not committed any drink-related offences in 2 years.  This was a sign of improvement. 

The taking of his mother's car amounted to gross breach of trust, and Edmundson should count himself lucky that he still has his mother's support.  Further, given that he would shortly turn 21, if he offended again, he would not be able to seek the protection of the Young Offender's Law and therefore custody inevitable. 

Sentences imposed by the Royal Court on 18^th May, 2012, and Magistrate's Court on 31^st October, 2012, shall remain in force. 

Total: 90 hours' Community Service Order, or 3 months' youth detention in default, consecutive to the existing Community Service Order imposed by the Royal Court on 18^th May, 2012, ([2012] JRC 102B); disqualification from driving for 6 months' and a £500 fine, or 6 weeks' youth detention in default. 

6 weeks given in which to pay the fine. 

W. A. F. Redgrave, Esq., Crown Advocate.

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

JUDGMENT

THE commissioner:

1.        The defendant, who is 20, stands to be sentence for five counts involving driving offences committed on the 10^th February, 2013.  Those offences place him in breach of a Probation Order of 12 months and a Community Service Order of 300 hours, which is equivalent of 23 months' youth detention, imposed by the Royal Court on the 18^th May, 2012, and a further Probation Order of 3 years imposed by the Magistrate's Court on the 31^st October, 2012. 

2.        When sentenced by the Royal Court on the 18^th May, 2012, the Deputy Bailiff said:-

"I should warn you that if there is any breach of the terms of the Probation Order or if you do not perform your community service, you will be brought back before this Court and you are liable to be sentenced, in particular, liable to get youth custody orders that have been stipulated as the alternatives and you should be aware of that.  You are being given the opportunity, because of your youth, to put your life in order and the Court urges you to take it."

3.        Notwithstanding this warning from the Deputy Bailiff the provisions of the Criminal Justice (Young Offenders)(Jersey) Law 1994 still apply to the defendant, which require the Court to consider whether there are any other ways of dealing with him, because in normal circumstances a custodial sentence would follow.  The Crown believes that there is an alternative, having regard to the Social Enquiry Report, and the positive improvements in the defendant's attitude and conduct.  He has made a concerted effort to address his alcohol and cannabis use, he has a full time job as a stonemason's apprentice, and for the last 18 months has trained three nights a week in martial arts in which he has a keen interest.  He has completed 200 hours of his community service and his compliance and attendance with probation has been good.  The Crown, therefore, seek a total of a further 90 hours' community service, which is the equivalent of 3 months' youth detention. 

4.        The Court has taken some time on this matter as the Court needed some persuasion that the defendant, having been warned by the Deputy Bailiff so clearly in May 2012, should not be sent to prison.  The Court regards the driving offences as serious, which, in addition to the driving itself and driving without insurance, involved a breach of the trust placed in the defendant by his clearly very supportive mother, support which we wonder if the defendant truly appreciates.  He should count himself lucky to have the support of both parents and, in our view, should be thoroughly ashamed of himself for causing them the stress and worry that they must have suffered. 

5.        However, although at least two parts of the Young Offenders Law could be regarded as applying in this case, the defendant does still have youth on his side and is, as already stated, making progress.  We have taken particular note of the fact that he has not committed any drink-related offences of violence for some 2 years and that is a long time in a young person's life.  We are therefore, on balance, and it was a very close thing, going to grant the conclusions of the Crown in this manner.  Firstly the sentences imposed by the Royal Court on the 18^th May, 2012, and by the Magistrate's Court on the 31^st October, 2012, shall remain in force. 

6.        In relation to the Indictment, under Count 1 you will be fined £250 or 3 weeks' youth detention in default, and disqualified from driving for 6 months, in relation to Count 2a you will be fined £250 or 3 weeks' youth detention in default, consecutive to Count 1.  For Counts 3 and 4 there will be no separate penalty.  In relation to Count 5 you will serve 90 hours' community service, which is equivalent of 3 months' youth detention, and that will also be consecutive to the earlier counts.  Therefore in total you will serve 90 hours' community service, or 3 months' youth detention in default, being consecutive to the existing Community Service Order imposed by the Royal Court on 18^th May, 2012.  You will be disqualified from driving for a period 6 months' and you will pay a fine of £500, or 6 weeks' youth detention in default.  You will have 6 weeks to pay the fine. 

Authorities

AG-v-Edmundson and Murphy [2012] JRC 102B.

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

Magistrate's Court Sentencing Guidelines for Road Traffic Offences.