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Jersey Unreported Judgments
You are here: BAILII >> Databases >> Jersey Unreported Judgments >> AG -v- Pacheco [2016] JRC 220A (25 November 2016)
URL: http://www.bailii.org/je/cases/UR/2016/2016_220A.html
Cite as: [2016] JRC 220A
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Before : |
T. J. Le Cocq, Esq., Deputy Bailiff, and Jurats Fisher and Liston |
The Attorney General
-v-
Ruben Fabio Caldeira Pacheco
Sentencing by the Inferior Number of the Royal Court, following guilty pleas to the following charges:
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1 count of: |
Dangerous driving, contrary to Article 22(1) of the Road Traffic (Jersey) Law 1956 (Count 1). |
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1 count of: |
Using a motor vehicle on a road when the speedometer was not capable of indication speed in both miles per hour and kilometres per hour, contrary to Article 35(1) of the Motor Vehicles (Construction and Use)(Jersey) Order 1998 (Count 2). |
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1 count of: |
Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978 (Count 3). |
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1 count of: |
Attempting to pervert the course of justice (Count 4). |
Age: 32.
Plea: Guilty.
Details of Offence:
On 23rd April, 2016, between 11:34 and 11:45pm the defendant drove his car, a white Nissan Skyline, along roads in Jersey in a dangerous manner. The defendant filmed his driving and posted the footage to YouTube. The offences came to light when a member of the public contacted the Police to highlight some videos which had been posted on YouTube by a user known as Ruben Paposeco.
The first video showed the car as it was driven from the bottom of La Mont de la Greve de Lecq towards St Ouen's Village. The car crossed the white line on several occasions and crossed onto the wrong side of the road at high speed during right hand bends. As the car entered the 30 mph zone the speedometer showed a speed of approximately 80mph.
The second video showed the car as it was driven onto Victoria Avenue. As it approached the 40 mph zone the car accelerated and immediately pulled into the right hand lane. The car continued to accelerate towards the junction with Rue du Galet and the speedometer showed a top speed of approximately 100 mph.
The third video showed the car as it was driven along Victoria Avenue from the traffic lights by First Tower towards town. Once the traffic lights turn green the car moved into the left hand lane and undertook the car in front. The car then cut back into the right hand lane and accelerated away. The speedometer showed a top speed of 100 mph.
In all three videos a passenger could be seen sitting in the front passenger seat also video recording on a mobile phone (Count 1).
The Skyline was seized and inspected by DVS, it was noted that the speedometer was not capable of showing the speed in mph and kph as required by Law (Count 2).
After arrest the defendant used his mobile phone to delete the videos from YouTube in an attempt to avoid prosecution (Count 3).
Upon a search of the defendant's home address 4 grams of cannabis resin was seized (Count 4).
Details of Mitigation:
Guilty plea, remorse.
Previous Convictions:
Convictions for twelve offences, and three Parish Hall appearances, all of which relate to motoring offences. He had convictions for driving with no insurance in 2005 and 2006, and attended a Parish Hall Enquiry in relation to a speeding offence in 2007.
Conclusions:
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Count 1: |
10 months' imprisonment together with a disqualification from driving for a period of 3 years with a requirement to pass a prescribed driving teat at the end of that period. |
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Count 2: |
No separate penalty. |
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Count 3: |
2 months' imprisonment, consecutive. |
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Count 4: |
1 month's imprisonment, concurrent. |
Total: 12 months' imprisonment with a disqualification from driving for 3 years with a requirement to pass a prescribed driving test at the end of that period.
Forfeiture and destruction of the drugs sought.
Forfeiture Order sought in respect of the defendant's car under Article 2(1) of the Criminal Justice (Forfeiture Orders)(Jersey) Law 2001.
Costs towards prosecution costs in the sum of £1,000 sought if a non-custodial sentence imposed.
Sentence and Observations of Court:
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Count 1: |
180 hours' Community Service Order, equivalent to 10 months' imprisonment, together with a disqualification from driving for a period of 3 years with a requirement to pass a prescribed driving test at the end of that period. |
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Count 2: |
No separate penalty. |
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Count 3: |
70 hours' Community Service Order, equivalent to 2 months' imprisonment, concurrent. |
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Count 4: |
50 hours' Community Service Order, equivalent to 1 month's imprisonment, concurrent. |
Total: 180 hours' Community Service Order, equivalent to 12 months' imprisonment, together with a disqualification from driving for a period of 3 years and a requirement to pass a prescribed driving test at the end of that period.
Forfeiture and destruction of the drugs ordered.
No Forfeiture Order made in respect of defendant's car.
£500 costs order made to be paid within 1 month.
M. R. Maletroit, Esq., Crown Advocate.
Advocate A. M. Harrison for the Defendant.
JUDGMENT
THE DEPUTY BAILIFF:
1. You are to be sentenced for dangerous driving, an infraction under the Construction and Use legislation (Motor Vehicles (Construction and Use)(Jersey) Order 1998 because of a faulty speedometer, possession of a personal amount of cannabis resin, and an attempt to pervert the course of public justice. We do not need to go into the detail of the dangerous driving, it is very clear from the Crown's statement of facts and the video footage that we have had the opportunity of reviewing. You drove at grossly excessive speeds and were a danger to yourself, your passenger and members of the public. The attempt to pervert the course of justice relates to your attempt to delete videos from YouTube of your dangerous driving where you had posted it. It seems clear to us that from this act alone, you were showing off and revelling in the power of the vehicle you were driving and your disregard of the law and the safety of yourself and others. We accept the Crown's characterisation of the aggravating elements of your offending. You do not have a clean record but your record is a relatively minor one. You were not cooperative initially giving a false address and, indeed, attempting to delete the video footage.
2. We note the mitigation available to you, your early guilty plea and we have looked at the letters that you have provided. We accept your remorse as genuine and the other letters speak well of you as a person with a good work ethic and otherwise a valuable member of society.
3. There is no doubt in our mind that the custody threshold is passed in a case like this but we propose to deal with you not by a custodial sentence but by a non-custodial sentence.
4. We order that you carry out 180 hours of community service. This is the equivalent of a 10 month prison sentence under Count 1 and a 2 month prison sentence, consecutively, under Count 3. Ad of course also a 1 month prison sentence, concurrent, under Count 4 and we make no separate penalty in connection with Count 2. You are disqualified from driving for a period of 3 years and you will be required to retake a driving test. The Court is very much of the hope that this period of disqualification which we know will be difficult for you, will give you the opportunity to re-evaluate your relationship with a motor vehicle and your attitude to driving in Jersey.
5. We also order the forfeiture and destruction of the drugs.
6. In terms of the confiscation of your vehicle we have given very careful thought to this and we do not think in principle it is incorrect to confiscate a vehicle used in these circumstances but we believe that the value of the vehicle is such that it would be disproportionate for us to order confiscation of it at this time and we do not do so.
7. We think that it is appropriate you make a contribution to the Crowns' costs which we so order in the sum of £500 and this to be within 1 month.
Authorities
Road Traffic (Jersey) Law 1956 (extract).
R v Cooksley [2003] EWCA Crim 996.
AG v Luis [2007] JLR Note 63]; [2007] JRC 233.
Magistrate's Court Sentencing Guidelines (extract).
AG v Cardoso, Santos and Silva [2014] JRC 206.
Costs in Criminal Cases (Jersey) Law 1961.
Criminal Justice (Forfeiture Orders) (Jersey) Law 2001.
Police Force (Disposal of Property) (Jersey) Regulations 1975.