Jersey Unreported Judgments

Inferior Number Sentencing - Drugs - possession Class A and Class B - illegal entry - breaking and entering and larceny - malicious damage.

[2015]JRC072

Royal Court

(Samedi)

13 April 2015

The Attorney General

-v-

Jordan Brian Ahier

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

Age:  32.

Plea: Guilty.

Details of Offence:

Ahier found temporary accommodation at a guest house following his release from La Moye on 31^st October, after serving a 3 year sentence on two counts of breaking and entering and larceny and three of receiving stolen property.  On 6^th December he entered the unlocked room of a 67 year-old visitor staying at the guest house and stole his medication (blister packs of morphine sulphate and tramadol tablets) and a packet of cigarettes.  On 8^th December, at around 10am, Ahier broke into an apartment in a small block on New St John's Road by smashing a double-glazed window - he stole bottles of champagne, other alcohol, notes and coinage in various currencies, mobile telephones and ancillaries together valued at approximately £1,000.  Ahier then broke into the garden shed of a neighbouring apartment and stole a set of spark plugs, after which he caused malicious damage to the substantial garden gate of another apartment nearby, breaking it from its hinges and framework, costing just over £1,000 to repair; these activities were observed by a neighbour who telephoned the police.  At the police station a morphine sulphate tablet was found in Ahier's pocket and elsewhere was a piece of cling film containing nearly half an ounce of 'personal' cannabis resin.  Initially unfit for interview, his condition being 'consistent with drug intoxication'.  Uncooperative during interview. 

Details of Mitigation:

Guilty pleas; claimed a lack of support following release from La Moye however he had not availed himself of after-care or counselling following death of his mother. 

Previous Convictions:

Forty-two offences listed, commencing age 14½, with a further 14 appearances over last 17½ years, all available disposals sanctioned over that time. 

Conclusions:

Total: 4 years' imprisonment.

Forfeiture and destruction of drugs sought.

Sentence and Observations of Court:

The Court had given Ahier the clearest warning, on his last appearance, saying "Things are only going to get worse for you if you continue like this" yet within six weeks he had done just that. 

Conclusions granted. 

Ms E. L. Hollywood, Crown Advocate.

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

JUDGMENT

THE DEPUTY BAILIFF:

1.        You are here to be sentenced on an Indictment which contains one count of illegal entry and larceny, two counts of breaking and entry and larceny, one count of malicious damage and two counts of possession of controlled drugs, namely morphine and cannabis resin.  All offending took place on the same day except the single count of illegal entry and larceny which took place two days earlier.

2.        You have a poor record.  When you were last before this Court in March 2013 (AG-v-Ahier [2013] JRC 055) you received a total of 3 years' imprisonment for offending that also included two counts of breaking and entry and larceny.  On that occasion the Court warned you in these terms:-

"Things are only going to get worse for you if you continue like this.  It is time that you realised that.  We recognise from the background reports that you have had your own difficulties.  We urge you to use your time in prison constructively because if you continue along this path the sentences which are imposed by this Court are likely to get only higher."

3.        That was a warning in the clearest possible terms.  We recognise that you have had challenges and difficulties in your life, including your recent loss.  But the Court has tried every form of disposal to help you address your issues and offending, yet you offended only five weeks after being released from prison. 

4.        Breaking and entry of a dwelling is not simply a crime against property, it is a crime against the person because of the distress it almost inevitably causes.  You are said also to be at high risk of reoffending and a substantial prison sentence is inevitable, as indeed you yourself recognise. 

5.        We have considered carefully all that has been said on your behalf and your counsel has advanced every argument that he possibly could.  But, particularly in the light of the previous warning that has been so clearly given, the Court sees no basis for departing from the conclusion of the Crown. 

6.        Accordingly, on Count 1 you are sentenced to 1 year's imprisonment, on Count 2; 3 years' imprisonment, on Count 3; 6 months' imprisonment, Count 4; 3 months' imprisonment, Count 5; 1 month's imprisonment, Count 6; 1 month's imprisonment, the sentences on Counts 1 and 2 to run consecutive and all others concurrently.  Therefore you are sentenced to a total period of 4 years' imprisonment. 

7.        We also order the forfeiture and destruction of the drugs. 

Authorities

Whelan on Aspects of Sentencing in the Superior Courts of Jersey, 3rd Edition.

AG v Da Silva 1997/218.

AG v Moreira [2003] JRC 083A.

AG v Wylie [2006] JRC 026.

AG-v-Ahier [2013] JRC 055.