Jersey Unreported Judgments

Inferior Number Sentencing - breaking and entering and larceny - attempted larceny - malicious damage.

[2015]JRC074

Royal Court

(Samedi)

17 April 2015

The Attorney General

-v-

Christopher Anthony Howard

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

Age:  29.

Plea: Guilty.

Details of Offence:

The defendant entered the Royal Hotel, David Place, during the early hours of 22^nd November, 2014.  He forced an entry into the bar area of a function room which had been set up for a charity fundraising event the following evening.  He removed numerous bottles of lager and cider from fridges and wine and spirits from behind the bar, placing some near an exit door and some in a laundry bag.  He forced the cash drawer of one till and removed another from its proper place.  During this time he helped himself to a couple of Jack Daniel's & Coke.  The night porter went to investigate after the defendant caused a couple of bottles to accidentally smash on the floor.  Despite an attempt to stop him the defendant managed to escape through a window in the men's toilets, smashing the double-glazed window unit in the process. 

Details of Mitigation:

Guilty pleas and admission; had vague recollections of being chased from the hotel, which he recounted to the Manager of the hostel where he was staying.  Made guarded admissions during interview claiming lack of detailed recollection through abuse of drugs and alcohol.  Letter of remorse, which also covered his difficulties with addictions and his self-harming tendencies. 

Previous Convictions:

Thirty-two previous convictions, dealt with at fifteen appearances over fifteen years before the range of criminal courts in the Island. 

Conclusions:

Breach of Binding Over Order: No separate penalty. 

Total: 18 months' imprisonment. 

Sentence and Observations of Court:

Breach of Binding Over Order:- No separate penalty. 

Total: 180 hours' Community Service Order, equivalent to 12 months' imprisonment, together with a 12 month Probation Order and Treatment Order.

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

Advocate C Hall for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        You have pleaded guilty to three charges, namely breaking and entering and larceny, attempted larceny and malicious damage and all of these offences took place as part of the same incident and whilst you were under the influence of substantial amounts of alcohol.  The premises that you entered were commercial, a local hotel, and during the course of the incident, you pushed the night porter who came to investigate, off-balance.  This demonstrates the risk of confrontation that is almost always present in cases of breaking and entering. 

2.        You do not have a good record and clearly you have struggled with your inappropriate use of alcohol, and there was no excuse for these offences and were clearly caused by the excess alcohol you had consumed earlier in that evening.  As I am sure you are aware, intoxication is not a mitigating factor, it is an aggravating factor.  You have pleaded guilty and your letter is indicative of remorse, which we accept.  Breaking and entering and larceny from commercial premises at night puts you squarely in the area of the case of AG-v-Gaffney [1995] JLR N22b to which the Crown has referred, and in which a focal point of 18 months for these types of offences is identified.  But we have given very careful consideration to the real prospect that you have now seen the error of your ways.  We detect the signs that you seem to be gaining an insight into your relationship with offending and with alcohol and the link between them. 

3.        Accordingly, we feel able to depart from the conclusions of the Crown and, to mark our view of the seriousness, you will complete a Community Service Order of 180 hours', which is the equivalent to a sentence of 12 months' imprisonment.  In addition we impose a Probation Order on you for a period of 12 months coupled with a Treatment Order, meaning that you must attend the Alcohol and Drug Service for a period of 12 months, that you must abstain from illegal and non-prescribed substances, which will be confirmed as necessary with random and routine testing, and that you comply with the treatment goals agreed with the Alcohol and Drug Service.  To the malicious damage charge we sentence you to 50 hours' Community Service, equivalent to 1 month's imprisonment, concurrent, making a total sentence of 180 hours' Community Service Order together with a 12 month Probation and Treatment Order. 

4.        You must understand this Court has been invited to take what might be characterised as a high-risk strategy and has agreed, on this occasion, to do so.  We are impressed by the reports and the possibility that you have seriously changed your attitude but this is positively the last chance.  If you breach this order you will inevitably be back before the Court and you will inevitably face the very real prospect of a significant period in prison.  If you offend again in the future, it will be very hard indeed for the Court to approach the matter in this way again.  Take this opportunity, it is your last. 

Authorities

AG-v-Gaffney [1995] JLR N 22b.

Archbold:-Pleading, Evidence and Practice in Criminal Cases, 36th Edition.

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

AG v Howard [2014] JRC 102C.

AG v Howard [2014] JRC 193.