Jersey Unreported Judgments

Superior Number Sentencing - illegal entry - larceny - drugs - Class A - Class B.

[2019]JRC173A

Royal Court

(Samedi)

9 September 2019

Before     :

T. J. Le Cocq, Esq., Deputy Bailiff, and Jurats Olsen, Thomas, Pitman, Averty and Hughes.

The Attorney General

-v-

Paul David William Le Geyt

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 10^th May, 2019, following conviction on Count 1 at Assize Trial and guilty pleas to the following charges:  

1 count of:	Illegal entry and larceny (Count1)
1 count of:	Obstructing a police officer (Count 2)
1 count of:	Illegal entry (Count 3)
2 count of	Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law, 1978. (Count 5, Count 6)

Age:  28

Plea: Not Guilty to Count 1 - Guilty to Counts 2, 3, 5 and 6.  

Details of Offence:

At 8:34am on 18^th October, 2018, CCTV footage recorded the defendant and an unknown male cycling past the Steam Clock heading west.  Footage showed the pair cycling past the Waterfront roundabout, across Jardins de la Mer, onto the cycle track on Victoria Avenue and finally passing West Park heading west.  

 

At 9:20am a member of the public observed the unknown male acting suspiciously outside a property near Beaumont.   As a result she telephoned the homeowners of the property.  The unknown male left the area during this time. 

 

The homeowners returned and noticed that the garden gate and the rear kitchen window were open.  They looked through the patio doors into the lounge and observed the defendant come down the stairs to the lounge, cross to the internal porch door, which he "calmly unlocked" the front door and went out. 

 

The homeowners ran to give chase, one following the defendant onto the beach and she grabbed his arm.  The defendant told her "get off me I'll put you to the floor".   He then made his escape. 

 

The police were called and located the defendant within an hour on La Rue de la Blanche Pierre, St Lawrence.  He was pursued up the road and an officer told the defendant to stop (Count 2).  The defendant jumped over a granite wall into a neighbouring property. 

 

The officers searched the area of the property.  The neighbour, who is 90 years' old and the owner, approached the police and they explained why they were on his property.  The police continued their search, and the occupant went to check his barn.  He noticed, from under a covered chair, an arm and a black sleeve.  He immediately left the barn, locking the door behind him, and told the police.  One of the officers described the neighbour as appearing "very upset and was shaking". 

 

Police officers entered the barn, which was cluttered and had poor lighting.  There was a stairway leading up to a mezzanine level where the defendant was located (Count 3).   There was a confrontation between the defendant and officers during which the defendant removed a small penknife from his pocket.  He was challenged about the knife and threw it away while the blade was still clasped.  It hit an officer although it is accepted that this was accidental.  However, as a result of his actions and knowing his capacity for violence the defendant was PAVA sprayed and arrested. 

 

After the arrest a rucksack was found where the defendant had been hiding which contained a Sequel watch and a Gucci watch (both taken from the property, Count 1) and 39 diazepam tablets.  

 

The defendant was taken to a police van.  He continued to be verbally abusive and threatening, struggling and accidentally kicking an officer.  The defendant was searched and he told officers he had "sharps" on him.  He did not, but MDMA powder and cannabis resin was found in his pocket (counts 4 and 5).  He was taken to Police Headquarters. 

 

On 1^st May, 2019, the defendant was convicted before the Criminal Assize in relation to one count of illegal entry and larceny following a three-day trial. 

Details of Mitigation:

No mitigation was identified for the illegal entry.  For the other charges he had the benefit of guilty pleas.  He had written a letter of remorse but the Crown noted this was a common feature of his last few convictions before the Royal Court.  

Previous Convictions:

The defendant has been convicted of 175 offences, 38 of which are for theft and kindred offences. 

Conclusions:

Count 1:	5 years' imprisonment.
Count 2:	1 month's imprisonment, concurrent.
Count 3:	2 years' imprisonment, concurrent.
Count 5:	3 weeks' imprisonment, concurrent.
Count 6:	1 weeks' imprisonment, concurrent.

Total: 5 years' imprisonment.

Forfeiture and destruction of the drugs sought. 

 

Sentence and Observations of Court:

Count 1:	4 years' imprisonment.
Count 2:	1 month imprisonment, concurrent.
Count 3:	2 years' imprisonment, concurrent.
Count 5:	3 weeks imprisonment, concurrent.
Count 6:	1 week imprisonment, concurrent.

Total: 4 years' imprisonment.

Forfeiture and destruction of the drugs ordered.

R. C. P. Pedley Esq., Crown Advocate.

Advocate I. C. Jones for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        Given the lateness of the hour we will deliver our reasons for this sentence in due course.  You are sentenced to 4 years' imprisonment with regard to Count 1. 

2.        With regard to Counts 2, 3, 5 and 6 we adopt the conclusions of the Crown unamended and you are sentenced accordingly, making a total of 4 years imprisonment. 

3.        We will hand down our reasons at a later time.

4.        We order the forfeiture and destruction of the drugs. 

5.        We note that the question of Count 7 which was to be dealt with by the Crown following the Assize trial is to be left on the file. 

6.        That is the sentence of the Court.

Authorities

Troy v Attorney General [2003] JLR Note 21

Attorney General v X [2010] JLR Note 51

AG v da Silva [1997] JRC 218

AG v McIntyre [2006] JRC 112C

AG v Le Geyt [2010] JRC 007

AG v Le Geyt [2010] JRC 171

AG v Le Geyt [2012] JRC 178

AG v Le Geyt [2014] JRC 195

AG v Starks [2017] JRC 045A

AG v Moreira [2018] JRC 215

AG v Le Geyt & L'Enfant [2019] JRC 007

AG v Falle [2019] JRC 062