1998/104
3 pages.
ROYAL COURT
(Samedi Division)
22nd May 1998
Before:
F.C. Hamon, Esq., Deputy Bailiff and
Jurats Myles and de Veulle.
The Attorney General
-v-
Ashley Anaise Hamon.
FIRST INDICTMENT.
14 counts of obtaining
property by false pretences ( counts 1 - 14 inclusive)
Age: 22.
Plea: Guilty.
Conclusions: 2 years Probation on each count.
SECOND INDICTMENT.
1 Count of assault ( count 1
);
2 Counts of being disorderly
on licensed premises, contrary to Article 83 of the Licensing (Jersey) Law 1974
( counts 2, 3 );
1 Count of grave and criminal
assault ( count 4 ).
Plea: Guilty
Conclusions:
Count 1: 1 year’s Probation with 180
hours Community Service
Count 2: 2 year’s Probation
Count 3: 2 year’s Probation
Count 4: 1 year’s Probation
with 180 hours Community Service, concurrent.
Details
of Offence: ( Both Indictments)
Using a stolen cheque book
Hamon forged the signature of the account holder and obtained, on 14 occasions,
goods to the value of £437.52.
The offences of disorderly conduct and assault were committed on two
separate occasions. On the first
occasion Hamon was disorderly in a public house and assaulted the licensees
girlfriend by punching her in the face.
No injury resulted On the second occasion, at a night club, Hamon
assaulted the licensee of another
public house, hitting her with a pint beer glass, which did not break and no
injury resulted. Hamon claimed to
have little recollection of the events, having taken alcohol in combination
with a prescribed drug.
Details
of Mitigation: ( Both Indictments)
Age. Guilty plea. A difficult childhood giving rise to
psychiatric problems. Led to commit
the cheque offences by an older person.
Previous
Convictions;
No previous record of
offending, save for two minor public order offences in respect of which she had
been bound over.
Sentence
and Observation of Court:
2 year Probation order, with
180 hours Community Service to be completed within 1 year.
Court accepted that
ordinarily these offences would result in a substantial custodial sentence, but
was prepared to give Hamon a chance to reform given her personal circumstances
and background. Prepared to take an
exceptional view in relation to the assaults in the light of the fact that no
injury was caused.
A.R. Binnington, Esq., Crown Advocate
Advocate D.J. Petit for the accused.
JUDGMENT
THE DEPUTY
BAILIFF: In these fourteen counts of obtaining property by false pretences we
see a systematic and cynical case of dishonesty. It was fortunate that a
shopkeeper took down the number of a car in which Miss Hamon had travelled. She
had a stolen cheque book and had forged for a period of time, the name of Miss
Aaron, to whom the cheque book belonged.
The
incidents in the Victoria Public House and the Happy Days Bar, occurred after
she had been committed for trial to this Court. The assault on Miss Smith could
have been more serious than it was, and perhaps Miss Hamon’s heavily
drunken state saved the premises, and some of those in the premises, from more
damage.
A
cocktail of alcohol and anti-depressant drugs is an aggravating feature to a
crime of this nature, and it was only days later, when the second offence
occurred - and that again could have been more serious if the glass had broken
in Mrs Brown’s face - whatever Miss Hamon’s purpose might have
been.
Cheque
and credit card frauds, by and large, attract custodial sentences, and the
range, I have to say is between six months and eighteen months, but each case
must turn on its facts. Grave and criminal assault would also usually attract a
custodial sentence, except in exceptional circumstances. Youth in itself cannot be an
exceptional circumstance, however there are mitigating factors here. She was
apparently led into the cheque card offences by the man that she was living
with, who had apparently stolen the
cheque book. She has no
record of significance, and her medical history - we have examined that
carefully - is disturbing.
Miss
Hamon, I want to talk to you now. You must take a grip of yourself. This could be your last chance. We
are not going to send you to prison, although you richly deserve it, but if you
fail to comply with the Probation Order, you do understand that you will come
back to Court.
Now,
we are going to put you on probation and we are going to sentence you to 2
years probation on all counts, with 180 hours Community Service, and that is to
be carried out within 12 months.
Authorities
Whelan: “Aspects of Sentencing in the
Superior Courts of Jersey”: pp. 53 - 4 cheque frauds
pp. 84 -
8 grave & criminal assault.
Ibid: Noter-Up, May 1996 - 7: pp. 35 - 45:
grave & criminal assault.
Thomas: “Principles of Sentencing
“ (2nd Ed’n): pp. 163 - 5 cheque frauds.
pp. 104 - 5
assault.