2002/92
ROYAL COURT
(Samedi Division)
2nd May, 2002
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Before:
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M.C. St. J. Birt, Esq., Deputy Bailiff, and
Jurats Rumfitt, Clapham.
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The Attorney General
-v-
Graham Francis Gallery;
Terry John Mahé;
Jamie Lee Passman.
Graham Francis Gallery
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1 count of:
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Taking and driving away without owners
consent, contrary to Article 28(1) of the Road Traffic (Jersey)
Law 1956 (count 1); (26
similar offences taken into consideration);
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1 count of:
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Driving without a licence, contrary to
Article 3(1) of the Road Traffic (Jersey)
Law 1956 (count 2); (26 similar
counts taken into consideration);
|
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1 count of:
|
Using a motor vehicle uninsured against
third party risks, contrary to Article 2(1) of the Motor Traffic (Third
Party Insurance) (Jersey) Law 1948(count 3); (26 similar offences taken
into consideration);
|
|
1 count of:
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Aiding/assisting/participating in breaking
and entering, and larceny (count 5A);
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3 counts of:
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Breaking and entering with intent to commit
a crime (counts 6, 15, 40);
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5 counts of:
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Aiding/assisting/participating in malicious
damage (counts 10A, 14A, 16A, 18A, 50A);
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4 counts of:
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Malicious damage (counts 12, 17, 20, 30);
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1 count of:
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Being carried in a motor vehicle without the
owner’s consent, contrary to Article 28(1) of the Road Traffic (Jersey) Law 1956 (count 13); (5 similar offences taken
into consideration);
|
|
1 count of:
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Aiding/assisting/participating in breaking
and entering with intent to commit a crime (count 48A);
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1 count of:
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Dangerous driving, contrary to Article 14(1)
of the Road Traffic (Jersey) Law 1956
(Count 49);
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4 counts of:
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Careless driving, contrary to Article 15 of
the Road Traffic (Jersey) Law 1956
(counts 21, 24, 27, 46);
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4 counts of:
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Failing to stop and report an accident,
contrary to Article 27 of the Road Traffic (Jersey)
Law 1956 (counts 22, 25, 28, 47)
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1 count of:
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Larceny (count 26)
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[On 8th
March, 2002, the Crown accepted not guilty pleas to counts 5, 10,
14, 15, 16, 18, 48, 49, 50].
Age: 30
Plea: Guilty
Details of Offence:
A spree of offending involving
taking and driving away a number of motor vehicles and breaking and
entering. In many cases, the stolen
cars were subsequently set on fire. Gallery and Mahé were the main protagonists,
with Passman participating.
Details of Mitigation:
Gallery Mahé and Passman
– guilty pleas. Youth in the
case of Mahé and Passman.
Gallery and Mahé – agreement that numerous other offences
should be taken into consideration.
No member of the public injured.
Mahé came from a dysfunctional family and had a psychiatric
history. Passman aged only 19, no
TIC’s and on the periphery of the offending. No history of failure to respond to
Probation. Girlfriend shortly due
to give birth to their child.
Previous Convictions:
8 previous convictions including
motoring, larceny, arson, malicious damage, and drunk and disorderly.
Conclusions:
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Count 1:
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(26 similar counts taken into
consideration): 6 months’ imprisonment; 24 months’
disqualification from driving.
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Count 2:
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(26 similar counts taken into
consideration): £500 fine or 3 months’ imprisonment in default of
payment.
|
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Count 3:
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(26 similar counts taken into
consideration): 18 months’ imprisonment; 24 months’ disqualification from driving.
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Count 5A:
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12 months’ imprisonment.
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Count 6:
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12 months’ imprisonment.
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Count 10A:
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12 months’ imprisonment.
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Count 12:
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3 months’ imprisonment.
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Count 13:
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(5 similar counts taken into consideration):
2 years’ imprisonment.
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Count 14A:
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12 months’ imprisonment.
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Count 15:
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6 months’ imprisonment.
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Count 16A:
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12 months’ imprisonment.
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Count 17:
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12 months’ imprisonment.
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Count 18A:
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12 months’ imprisonment.
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Count 20:
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12 months’ imprisonment.
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Count 21:
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£1,000 or 3 months’ imprisonment,
in default of payment.
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Count 22:
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3 months’ imprisonment; 6 months’
disqualification from driving.
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Count 24:
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£1,000 or 3 months’ imprisonment
in default of payment.
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Count 25:
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3 months’ imprisonment; 6
months’ disqualification from driving.
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Count 26:
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3 months’ imprisonment.
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Count 27:
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£1,000 or 3 months’ imprisonment
in default of payment; 6 months’ disqualification from driving.
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Count 28:
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3 months’ imprisonment; 6
months’ disqualification from driving.
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Count 30:
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12 months’ imprisonment.
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Count 40:
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12 months’ imprisonment.
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Count 46:
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£1,000 fine or 3 months’
imprisonment, in default of payment.
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Count 47:
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3 months’ imprisonment; 6
months’ disqualification from driving.
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Count 48A:
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12 months’ imprisonment.
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Count 49:
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12 months’ imprisonment; 24
months’ disqualification from driving.
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Count 50A:
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12 months’ imprisonment.
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Counts 1 – 3, concurrent, count 5A, consecutive,
count 6, consecutive, count 15 consecutive, all other counts and
disqualification from driving and default sentences, concurrent. Total: 4 years imprisonment.
Sentence and Observations of Court:
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Count 1:
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(26 similar counts taken into
consideration): 6 months’ imprisonment
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Count 2:
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(26 similar counts taken into
consideration): £100 fine or 1 week’s imprisonment in default of
payment.
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Count 3:
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(26 similar counts taken into consideration);
12 months’ imprisonment.
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Count 5A:
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18 months’ imprisonment.
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Count 6:
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18 months’ imprisonment.
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Count 10A:
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6 months’ imprisonment.
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Count 12:
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6 months’ imprisonment.
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Count 13;
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(5 similar counts taken into consideration);
6 months’ imprisonment.
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Count 14A:
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6 months’ imprisonment.
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Count 15:
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6 months’ imprisonment.
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Count 16A:
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6 months’ imprisonment.
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Count 17:
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6 months’ imprisonment.
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Count 18A:
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6 months’ imprisonment.
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Count 20:
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6 months’ imprisonment.
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Count 21:
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£500 fine or 1 month’s
imprisonment, in default of payment.
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Count 22:
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3 months’ imprisonment.
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Count 24:
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£500 fine or 1 month’s
imprisonment, in default of payment.
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Count 25:
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3 months’ imprisonment.
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Count 26:
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3 months’ imprisonment.
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Count 27:
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£500 fine or 1 month’s imprisonment,
in default of payment.
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Count 28:
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3 months’ imprisonment.
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Count 30:
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6 months’ imprisonment.
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Count 40:
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18 months’ imprisonment.
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Count 46:
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£500 fine or 1 month’s
imprisonment, in default of payment.
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Count 47:
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3 months’ imprisonment.
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Count 48A:
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18 months’ imprisonment.
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Count 49:
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6 months’ imprisonment.
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Count 50A:
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6 months’ imprisonment.
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Counts 1 -3 concurrent; all breaking and entering offences,
concurrent but consecutive to counts 1 -3; all malicious damage offences,
concurrent, but consecutive to
other sentences; all remaining sentences and sentences in default of
payment concurrent: Total: 3 years’ imprisonment; 24 months
disqualification from driving to start to run from date of release from prison.
Terry John Mahé
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2 counts of:
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Being carried in a motor vehicle without the
owners consent, contrary to Article 28(1) of the Road Traffic (Jersey) Law
1956 (counts 4, 31); (9 similar counts taken into consideration);
|
|
2 counts of:
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Breaking and entering with intent to commit
a crime (counts 6, 40);
|
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1 count of:
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Taking a motor vehicle without the owners
consent, contrary to Article 28(1) of the Road Traffic (Jersey) Law 1956 (count 7); (18 similar counts taken
into consideration);
|
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1 count of:
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Driving a motor vehicle without a licence, contrary
to Article 6(2) of the Road Traffic (Jersey
(count 8); (20 similar counts taken into consideration);
|
|
1 count of:
|
Using a motor vehicle uninsured against
third party risks, contrary to Article 2(1) of the Motor Traffic (Third
Party Insurance)(Jersey) Law, 1948 (count 9); (20 similar counts taken
into consideration);
|
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8 counts of:
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Aiding/assisting/participating in malicious
damage (counts 10A, 12A, 14A, 16A, 17A, 18A, 20A, 50A);
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4 counts of:
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Attempting to take a motor vehicle without
the owners consent, contrary to Article 28(1) of the Road Traffic (jersey)
Law 1956 (counts 11, 33, 35, 36);
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1 count of:
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Illegal entry (count 15)
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1 count of:
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Malicious damage (count 19)
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2 counts of:
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Aiding/abetting offence under Road
Traffic (Jersey) Law 1956 contrary to Article 44 of that Law
(counts 23, 29)
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1 count of:
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Getting onto a vehicle parked in road,
contrary to Article 29(2) of the Road Traffic (Jersey)
Law 1956 (count 32);
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1 count of
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Aiding/assisting/participating in breaking
and entering and larceny (count 38A)
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1 count of:
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Aiding/assisting/participating in breaking
and entering with intention to commit a crime (count 40).
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[On 8th March, 2002, the Crown accepted not guilty pleas
to counts 5, 5A, 10, 12, 14, 15, 16, 17, 18, 20, 38, 48, and 50].
Age: 20
Plea: Guilty
Details of Offence:
See
Gallery.
Details of Mitigation:
See Gallery.
Previous Convictions:
Appalling record from age
12. In July, 2000, 3 years’
youth detention sentence for numerous motoring offences.
Conclusions:
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Count 4:
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(9 similar counts taken into consideration):
2 years’ youth detention.
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Count 6:
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12 months’ youth detention.
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Count 7:
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(18 similar counts taken into
consideration): 3 years’ youth detention.
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Count 8:
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(20 similar counts taken into consideration)
£500 fine or 3 months’ youth detention in default of payment.
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Count 9:
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(20 similar counts taken into consideration)
12 months’ youth detention; 24 months disqualification from driving.
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Count 10A:
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12 months’ youth detention.
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Count 11:
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6 months’ youth detention.
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Count 12A;
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3 months’ youth detention.
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Count 14A:
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12 months’ youth detention.
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Count 15:
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6 months’ youth detention.
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Count 16A:
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12 months’ youth detention.
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Count 17A:
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12 months’ youth detention.
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Count 18A:
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12 months’ youth detention.
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Count 19:
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3 months’ youth detention.
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Count 20A:
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12 months’ youth detention.
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Count 23:
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3 months’ youth detention.
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Count 29:
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3 months’ youth detention.
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Count 31:
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2 years’ youth detention.
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Count 32:
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£500 fine; or 1 month’s youth
detention in default of payment.
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Count 33:
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6 months’ youth detention.
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Count 35:
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6 months’ youth detention.
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Count 36:
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6 months’ youth detention.
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Count 38A:
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12 months’ youth detention.
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Count 40:
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12 months’ youth detention.
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Count 48A;
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12 months’ youth detention.
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Count 50A:
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12 months’ youth detention.
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Count 6 consecutive to count 4;
count 33 consecutive; all remaining counts and disqualification from driving
and default sentences concurrent. Total: 3½ years’ youth
detention.
Sentence and Observations of Court:
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Count 4:
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(9 similar counts taken into consideration):
6 months’ youth detention.
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Count 6:
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18 months’ youth detention.
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Count 7:
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(18 similar counts taken into
consideration): 12 months’ youth detention.
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Count 8:
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(20 similar counts taken into
consideration): £100 fine or 1 week’s youth detention, in default
of payment.
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Count 9:
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(20 similar counts taken into
consideration): 12 months’ youth detention; 24 months’
disqualification from driving.
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Count 10A:
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6 months’ youth detention.
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Count 11:
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6 months’ youth detention.
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Count 12A;
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6 months’ youth detention.
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Count 14A:
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6 months’ youth detention.
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Count 15:
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6 months’ youth detention.
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Count 16A:
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6 months’ youth detention.
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Count 17A:
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6 months’ youth detention.
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Count 18A:
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6 months’ youth detention.
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Count 19:
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6 months’ youth detention.
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Count 20A:
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6 months’ youth detention.
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Count 23:
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3 months’ youth detention.
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Count 29:
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3 months’ youth detention.
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Count 31:
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6 months’ youth detention.
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Count 32:
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£100 fine or 1 week’s youth
detention in default of payment.
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Count 33:
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6 months’ youth detention.
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Count 35:
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6 months’ youth detention.
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Count 36:
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6 months’ youth detention.
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Count 38A:
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18 months’ youth detention.
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Count 40:
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18 months’ youth detention.
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Count 48A:
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18 months’ youth detention.
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Count 50A:
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6 months’ youth detention.
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Counts 7 - 9
concurrent; all breaking and entering offences concurrent, but consecutive to 7
– 9; all malicious damage counts concurrent, but consecutive to all other
sentences. All other sentences and
default sentences concurrent; disqualification from driving to start from date
of release from prison. Total: 3
years youth detention.
Jamie Lee Passman
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8 counts of:
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Being carried in a motor vehicle without
owner’s consent, contrary to Article 28(1) of the Road Traffic
(Jersey) Law 1956 (counts 31, 34, 37, 39, 41, 42, 43, 44);
|
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1 count of:
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Aiding/assisting/participating in breaking
and entering and larceny (count 38A);
|
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1 count of:
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Attempting to drive away a motor vehicle,
without owner’s consent, contrary to Article 28(1) of the Road Traffic
(Jersey) Law 1956 (count 33).
|
|
1 count of:
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Breaking and entering with intent to commit
a crime (count 40);
|
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1 count of:
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Malicious damage (count 45);
|
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1 count of:
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Aiding/assisting/participating in breaking
and entering with intent to commit a crime (count 48A)
|
[On 8th
March 2002, the Crown accepted not guilty pleas to counts 35, 36,
38, 44, 48, 50, 50A].
Age: 19.
Plea: Guilty
Details of Offence:
See
Gallery.
Details of Mitigation:
See Gallery.
Previous Convictions:
2 previous convictions for minor
motoring offences, resisting arrest and conduct likely to cause breach of peace.
Conclusions:
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Count 31:
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6 months’ youth detention.
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Count 33:
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3 months’ youth detention.
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Count 34:
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6 months’ youth detention.
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Count 37:
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6 months’ youth detention.
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Count 38A:
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12 months’ youth detention.
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Count 39:
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6 months’ youth detention.
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Count 40:
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12 months’ youth detention.
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Count 41:
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6 months’ youth detention.
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Count 42;
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6 months’ youth detention.
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Count 43:
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6 months’ youth detention.
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Count 44:
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6 months’ youth detention.
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Count 45:
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6 months’ youth detention.
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Count 48A:
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12 months’ youth detention.
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All concurrent: Total: 12 months’ youth detention.
Sentence and Observations of Court:
180 hours Community Service; 12 months’ Probation
Order.
Mrs S. Sharpe, Crown Advocate.
Advocate C.R.G Deacon for G. F. Gallery.
Advocate A. Clarke for T.J. Mahé.
Advocate S.E. Fitz for J.L. Passman.
JUDGMENT
THE DEPUTY BAILIFF:
1.
These
defendants committed a spree of offences, including taking and driving away a
number of vehicles, and breaking and entering. In many cases when the cars were taken
they were subsequently set fire to.
2.
We will
deal first with Gallery. He is
before us, for some 27 offences, and has asked for a total of 83 further
offences to be taken into consideration.
However, these essentially comprise 26 further taking and driving away,
with the accompanying offences of driving without a licence and driving without
insurance. He also committed 5
breaking and entries, 9 cases of malicious damage, almost invariably to the
cars, and other offences.
3.
In
mitigation it has been urged upon us that he pleaded guilty, and was very
co-operative in the interviews with the police, admitting to these many
offences. He has no previous
convictions either for taking and driving away or for breaking and entry. Although he has a criminal record he has
not previously been to prison. We
were also referred to the personal mitigation as set out in the Social Enquiry
Report.
4.
It is
clear that the seriousness and number of these offences mean that there is no
alternative to a prison sentence.
We have asked ourselves whether the Crown’s conclusions are not
too long, in particular given the pleas of guilty and the level of co-operation.
The Crown having moved for an
aggregate of 4 years’ imprisonment it must mean that, on a not guilty
plea, they would have moved for 6 years’ imprisonment. We think that, notwithstanding the
seriousness and the number of these offences, 6 years, even following a trial
would have been too much. In all
the circumstances, we think that the right aggregate sentence for all these
offences is one of 3 years.
5.
We then
have had to try and work out how best to allocate these between the offences. Having decided on the total sentence, in
essence we have divided them into 3 broad categories, namely the driving
offences; the breaking and entry; and the malicious damage. We consider that the malicious damage
should be considered as separate. It
does not follow that, from taking and driving away, you also need to set fire
to the car, and we think that an extra penalty is rightly imposable on those
who have taken and driven away cars and then chosen to set fire to them. The individual sentences are as follows:
on count 1, 6 months; on count 2, £100 or 1 week in default; on count 3,
12 months; and we take into account the 26 further offences in each of those
cases; count 5A, 18 months; count 6, 18 months; count 10A, 6 months; count 12,
6 months; count 13, 6 months: count 14A, 6 months; count 15, 6 months; count 16A,
6 months; count 17, 6 months; count 18A, 6 months; count 20, 6 months, count
21, £500 or 1 month in default of payment; count 22, 3 months; count 24,
£500 or 1 month in default of payment; count 25, 3 months; count 26, 3
months; count 27 £500 or 1 month in default of payment; count 28, 3
months; count 30, 6 months; count 40, 18 months; count 46, £500 or 1
month in default of payment; count 47, 3 months; count 48A, 18 months; count
49, 6 months; and count 50, 6 months.
He will be disqualified from driving for a total of 2 years to commence
from release concurrent on all the offences. The prison sentences on counts 1, 2 and
3 are concurrent, a total of 12 months; all the breaking and entry offences are
18 months concurrent with each other, but consecutive to counts 1, 2 and 3, and
all the malicious damage charges are 6 months concurrent with each other, but
consecutive to the other offences, and all the other offences are
concurrent. That, according to our
calculation, makes a total of 3 years imprisonment.
6.
We turn
next to Mahé who is before us for 26 offences, with 18 further offences of
taking and driving away taken into consideration. He is also before us for 5 offences of
breaking and entry, 9 offences of malicious damage and a number of other
offences. He is only 20 and
therefore the provisions of Article 4 of The Criminal Justice (Young
Offenders) Law apply.
Mahé has an appalling record, and in all the circumstances we are
in no doubt that the offending is so serious that a non-custodial penalty
cannot be justified. In mitigation,
he has the guilty plea, his co-operation, his age, the letter which we have
read from him, and all the matters set out by counsel and, also in the Social
Enquiry Report.
7.
In our
judgment there is no real distinction to be drawn between Mahé and
Gallery. Gallery may be older;
Mahé therefore has the advantage of youth as compared with Gallery, but
his record is much worse. In our
judgment these two balance each other out and, therefore the aggregate sentence
in Mahé’s case is also one of 3 years’ youth detention. The sentence is as follows: count 4, 6
months; count 6, 18 months; count 7, 12 months; count 8, £100 fine or 1
week in default; count 9, 12 months; count,10A 6 months; count 11, 6 months;
count 12A, 6 months; count 14A, 6 months; count 15, 6 months; counts 16A, 17A,
18A, 19 and 20A all 6 months; count 23, 3 months; count 29, 3 months; count 31,
6 months, count 32, £100 or 1 week in default, count 33, 6 months; counts
35 and 36, 6 months; counts 38A and 40 18 months; count 48A 18 months; and
count 50A, 6 months. Counts 7, 8
and 9 are concurrent making 12 months; all the breaking and entry counts are
concurrent but they are consecutive to counts 7, 8 and 9, so that is an
additional 18 months; and all the malicious damage counts are concurrent with
each other, but consecutive to the others for a further 6 months making a total
of 3 years; all the other sentences are concurrent as are the fines in
default. There is also
disqualification from driving for 2 years to commence from release.
8.
Finally,
we come to Passman. He is before us
for only 13 offences, 8 of being carried, 3 of breaking and entry and some
others. We are in no doubt that he
was heavily influenced by the other two accused. He has no significant previous
convictions. It is clear that he
has expressed remorse. We have read
the references and letters and we note the points strongly made by Miss Fitz,
and in the Social Enquiry Report, and after some deliberation we are willing to
agree in the light of the Criminal Justice (Young Offenders) Law, that
there is an alternative to custody here, so we will not be sending you to youth
detention.
9.
The
sentence of the Court is that you will be placed on probation for 12
months. It will be a condition that
you attend the “Offending Is Not The Only Choice” course referred
to in the report. We also think
that you must be punished for what has occurred, and we therefore order 180 hours
community service to be carried out, and we state that the sentence which we
would have had in mind if we had not imposed community service was one of 12
months youth detention.
Accordingly, if you break the probation, or if you break the community service,
you must realise that you will be brought back and the likely starting point for
the Court will be a consideration of a 12 months sentence.
10. We should add in respect of Mahé’s
case, that he may be made subject to supervision on his release.
Authorities
AG-v-Mahé
& 11 others (27th
July, 2000) Jersey Unreported:
[2000/152].