[2004]JRC166
ROYAL COURT
(Samedi Division)
17th September 2004
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Before:
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F.C. Hamon, Esq., O.B.E., Commissioner, and
Jurats Tibbo and Georgelin.
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The Attorney General
-v-
Neil Christian Marett;
Dale Edward Riddell.
Neil Christian
Marett
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1 count of:
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Taking and driving away a motor vehicle,
without owner’s consent, contrary to Article 28 (1) of the Road
Traffic (Jersey) Law 1956 (Count 1).
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1 count of:
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Driving whilst disqualified contrary to
Article 9 (4) of the Road Traffic (Jersey)
Law 1956. (Count 2)..
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1 count of:
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Driving uninsured, contrary to Article 2 (1)
of the Motor Traffic (Third Party Insurance) (Jersey)
Law, 1948. (Count 3).
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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 4).
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1 count of:
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Failing, without reasonable excuse, to
provide breath specimen, contrary to Article 16C(7) of the Road Traffic (Jersey) Law 1956. (Count 5).
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1 count of:
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Breaking and entering and larceny. (Count 6).
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Age: 28.
Plea: Guilty.
Details of Offence:
During the evening of 21st
January, and early hours of 22nd Marett and Riddell stole a car from
Liberation Court in St Helier.
Marett was intoxicated.
Later that night allegedly accompanied by two other males they broke
into Spar Supermarket at St Lawrence.
Marett received goods to the value of £157.68. Riddell assisted in the break and
entry. After the break and entry
Marett and Riddell drove into town where the vehicle was drawn to the attention
of the police on account of the fact that its lights were not illuminated. The police followed the car and activated
the blue light indicating the vehicle to stop. The officers followed the car which was
driven at speed weaving from side to side, driving on the wrong side of the
road. The car was driven across the
junction of Tower Road
and Bellozanne Road
without stopping at the yellow line.
The car then mounted the pavement at First Tower
School and drove across
the grass. The vehicle then crossed
to the wrong side of the road against the flow of traffic and drove through red
lights. Eventually the vehicle was stopped
by the Police. Marett attempted to
escape but was arrested. The
officers discovered the stolen items in the car. Marett refused to give a sample of
breath.
Details of Mitigation:
Apart from Guilty plea very
little. Defence argued that
sentenced moved for was manifestly excessive because of Marett’s
‘role’ in the break in, that sentences should all be concurrent and
that conclusions offended against ‘totality’ principle.
Previous Convictions:
Numerous including 10 for
burglary and theft, 15 for taking and driving away, 8 for driving whilst
disqualified, 12 for driving without insurance, 1 for reckless driving and 2
for failing to provide a breath specimen.
Conclusions:
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Count 1:
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12 months’ imprisonment.
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Count 2:
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9 months’ imprisonment, concurrent.
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Count 3:
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12 months’ imprisonment, concurrent.
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Count 4:
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9 months’ imprisonment, concurrent.
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Count 5:
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3 months’ imprisonment, concurrent
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Count 6:
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18 months’ imprisonment , consecutive.
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TOTAL: 30 months’
imprisonment; 5 years’ disqualification from driving on each of counts 1
-5, concurrent.
Marett showed no remorse but
admitted offences immediately. A.G.
-v- Gaffney (5th
June, 1995) Jersey Unreported; [1995/101], the ‘focal
point’ case; approximate tariff for break and entry of commercial premises;
18 months. Total goods stolen
£3,769: remainder of goods not recovered. The Crown took the view that the driving
offences should attract a consecutive sentence as not being part of the
‘same transaction’.
Sentence and Observations of Court:
Conclusions granted.
Dale Edward
Riddell
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1 count of:
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Being carried in a motor vehicle, taken
without owner’s consent, contrary to Article 28 (1) of the Road Traffic
(Jersey) Law 1956 (Count 7).
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1 count of:
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Aided, assisted or participated in breaking
and entering and larceny (Count 8A).
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Age: 19.
Plea: Guilty.
Details of Offence:
See
Marett above.
Details of Mitigation:
Had already served equivalent of
10 months’ youth detention whilst on remand. On 3rd September, 2004, Riddell has been
released on bail to attend an induction week at Highlands College. Supported conclusions of the Crown.
Previous Convictions:
Numerous including
previous aiding and abetting break and entry and Article 28 of Road Traffic
(Jersey) Law, 1956.
Conclusions:
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Count 7:
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12 months’ Probation Order, with
condition of attendance at SMART course; 12 months’ disqualification
from driving.
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Count 8A:
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12 months’ Probation Order, with
condition of attendance at SMART course.
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At time of sentencing Riddell had
spent the equivalent of 10 months’ youth custody. Encouraging background report.
Sentence and Observations of Court:
Conclusions granted.
D.E. Le Cornu, Esq., Crown Advocate.
Advocate M.J. Haines for N.C. Marett.
Advocate P. Le Cornu for D.E. Riddell.
JUDGMENT
THE commissioner:
1.
The
breaking into and taking away of a car, parked quite legally, in a car park is
serious enough, but the driving of that stolen vehicle thereafter could have led
to any consequence whatsoever and it would not have been covered by
insurance. Fortunately this driving
caused no damage or injury, but that was entirely fortuitous and may just have
been because of the time of night.
2.
There was,
of course, also the break-in at the Spar Shop in St Lawrence. Let me say right away that Riddell
played a subservient role. It was
him who told the police to check Spar at St Lawrence, which led to their
discovery of the break-in.
3.
Marett
showed no remorse and was entirely unco-operative. He did say in his statement, however,
that Riddell played no part in the break-in.
4.
It seems
extraordinary that these offences occurred on 21st January, almost
eight months ago. The various
anomalies in the record of past convictions and birth dates have not helped the
Crown in any event.
5.
Let us
deal with Riddell first. Through no
fault of your own, you spent 10 months in youth custody but there are
indications that you are beginning to create a life for yourself and the
Probation Report that we have received is very encouraging. We are going to sentence you to a
probation period of 12 months on the terms suggested by the Probation
Officer. Those will be explained to
you by the Probation Officer when you leave the Court and you must see him
before you do so. In addition, you
will be disqualified from driving for 12 months.
6.
Now, let
us deal with Marett. Mr Haines
reminded us of a passage from Thomas: Principles of Setencing
(2nd Ed’n) at pp 57 -81 - and we have to say that Mr Haines
has said everything that he possibly can on behalf of his client. That passage reads:
“A cumulative sentence may
offend the totality principle if the aggregate sentence is substantially above
the normal level of sentence for the most serious of the individual offences
involved or if its effect is to impose on the offender a “crushing
sentence” not in keeping with his record and prospects”.
7.
We have to
say this, you must stop blaming everybody else but yourself for offences that
you are involved in. We take on
board everything that Mr Haines has said, but in our view the Crown has
considered the totality principle and the two offences were quite separate and
that seems clear on the basis of the admissions made that the St. Lawrence
break in was not pre-planned.
8.
It is
because of your appalling record that we are going to follow the conclusions of
the Crown. On count 1, 12
months’ imprisonment; Count 2, 9 months’ imprisonment; Count 3, 12
months’ imprisonment; Count 4, 9 months’ imprisonment; Count 5, 3
months’ imprisonment, all concurrent; and Count 6, 18 months’
imprisonment consecutive. That
makes a total of 30 months’ imprisonment and you are disqualified from
driving on Counts 1 – 5 for 5 years.
Authorities
Whelan: Aspects of Sentencing in the
Superior Courts of Jersey (2nd
Ed’n): pp. 153-65; 199-201.
A.G. –v- Gaffney (5th June, 1995)
Jersey Unreported; [1995/101].
Le
Clech –v- A.G. (2nd December 2002) Jersey Unreported; [2002/226].
A.G.
–v- Stevenson [2004]JRC121.
A.G.
–v- Newell (4th
August, 2000) Jersey Unreported; [2000/157].
A.G. – McDonough (25th October, 1991)
Jersey Unreported; [1991/156].
A.G. –v- Lynch (24th
July, 1991) Jersey Unreported; [1991/105].
Thomas: Principles of Sentencing (2nd
Ed’n) : pp.56-61.