Jersey Unreported Judgments

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Cite as: [2019] JRC 148A

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Inferior Number Sentencing -Malicious damage - careless driving - drugs - possession - Class B and Class C

[2019]JRC148A

Royal Court

(Samedi)

26 July 2019

Before :

Sir William Bailhache, Bailiff, and Jurats Ramsden and Austin-Vautier

The Attorney General

-v-

Fabio Rafael De Jesus Gomes

Sentencing by the Inferior Number following guilty pleas to the following charges:

First Indictment

1 count of:

Malicious damage (Count 2).

Second Indictment

1 count of:	Careless driving, contrary to Article 22(1) of the Road Traffic (Jersey) Law, 1956 (Count 2).
1 count of:	Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law, 1978 (Count 2).
1 count of:	Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law, 1978 (Count 3).

Age: 32

Plea: Guilty

Details of Offence:

At 7:00 am on Monday 8^th April, 2019, the defendant and his partner ("the partner") were due to leave their shared property for work however they overslept. An argument ensued and a number of items in the address were smashed and broken including the partner's television. The defendant subsequently left the address and drove away on his motorcycle.

A police officer attended the scene in an unmarked police vehicle. He observed the defendant on a motorcycle travelling up Mont Millais towards La Mont Pinel and out of sight. The aforementioned police officer activated his blue lights and siren and travelled towards Clos Gosset, Longueville Road, St Saviour. The officer saw the defendant at the junction between Plat Douet Road and Longueville Road as he was attempting to turn right. At this point the officer had his blue lights on but not his siren and he moved to the opposite side of the road to prevent the defendant from turning onto the main road. He said the defendant was "less than two metres away" as he gestured to him to stop, and he "appeared to realise that I was police". The defendant accelerated onto the pavement, which was clear of pedestrians at the time. He travelled along the pavement for 5-10 metres before moving back onto the main road heading east.

Later that day police officers attended the home address of the defendant's mother where he was subsequently arrested. The officers discovered a lump of cannabis resin weighing 4.7 grams in his pocket. On arrival at police HQ, he was also found to be in possession of six diazepam tablets.

Details of Mitigation:

Guilty plea.

Previous Convictions:

The defendant had 12 convictions for 49 offences including convictions for a number of drug and motoring offences

Conclusions:

First Indictment

Count 2:

1 month's imprisonment.

Second Indictment

Count 2:	£2,500 fine with a default sentence of 2 months' imprisonment.
Count 3:	2 weeks' imprisonment.
Count 4:	2 weeks' imprisonment

Total: 4 months' imprisonment.

Sentence and Observations of Court:

Conclusions granted.

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

Advocate M. J. Elks for the Defendant.

JUDGMENT

THE BAILIFF:

1. You are sentenced on Count 2 of the First Indictment, malicious damage, to 1 month's imprisonment.

2. In relation to the Second Indictment, the charge of careless driving, you are sentenced to of a fine of £2,500 or 2 month's imprisonment. On Count 3, you are sentenced to 2 weeks' imprisonment. On Count 4 to 2 weeks' imprisonment.

3. All the prison sentences will run currently, but not the prison sentence in default of the fine, which obviously you will not pay but have served sufficient time as I understand it, and the result is that you are released immediately.

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