Inferior Number Sentencing – larceny – receiving stolen
property.
[2015]JRC098
Royal Court
(Samedi)
11 May 2015
Before :
|
T. J. Le Cocq, Esq., Deputy Bailiff, and
Jurats Marett-Crosby and Nicolle.
|
The Attorney General
-v-
Joshua Peter O’Brien
Sentencing by the Inferior
Number of the Royal Court, following guilty pleas to the following charges:
3 counts of:
|
Larceny (Counts 1, 2 and 3).
|
2 counts of:
|
Receiving stolen property (Counts 4 and
5).
|
Age: 26.
Plea: Guilty.
Details of Offence:
During the afternoon of 25th
July, 2014, two vehicles were broken into along quiet country lanes off La Rue
du Tapon, St Saviour, both close in time and proximity. Petrol-powered and electrical tools were
stolen from a workman’s van and a handbag from a car. Both crimes were reported promptly and
Scenes of Crime Officers were able to gather forensic evidence. On 30th July, 2014,
O’Brien and another were arrested following the receipt of forensic
examination results; O’Brien gave a ‘no comment’ interview,
the other denied any knowledge of any thefts. Prior to release pending further
investigations O’BRrien informed a Police Officer where some of the
stolen property might be found; the information was correct. On 14th November, 2014,
Police Officers attended O’Brien’s address on an unrelated matter
and seized a bicycle, matching the description of one recently stolen, with
serial numbers filed away.
O’Brien was interviewed with regard to the bicycle and gave
‘no comment’ responses.
On 25th November, 2014, O’Brien and a female friend
checked in to Kensington Place Guest House; they stayed for two nights and
following their departure the caretaker realised a bicycle had been stolen from
the back yard and two television sets were missing from the premises. Enquiries led the police to
O’Brien’s address, where he and the recently stolen items were
found; he claimed they had been stolen by a male acquaintance. When charged on 22nd December
O’BRrien admitted ‘receiving’ the bicycle with the serial
numbers filed away believing it likely to have been stolen but denied the other
offences; he was remanded into custody.
On 19th February, 2015,
counsel for O’Brien advanced a basis of plea with regard to the July 2014
offences, exculpating a then co-accused.
At indictment on 10th
April, 2015, O’Brien entered guilty pleas on all counts however not
accepting the handbag necessarily contained all items listed on the indictment,
particularly the £7,250:00 gold watch and other jewellery.
The offending spanned several months
and O’Brien had numerous convictions of a similar nature.
Details of Mitigation:
Guilty pleas but an unenviable
record, no longer a youth and limited remorse, however a realistic approach in
not arguing for anything other than a custodial sentence.
Previous Convictions:
77 previous convictions,
including 22 theft and kindred offences.
Conclusions:
Count 1:
|
15 months’ imprisonment.
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Count 2:
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15 months’ imprisonment, concurrent to
Count 1 but consecutive to Counts 3, 4 and 5.
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Count 3:
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12 months’ imprisonment, concurrent.
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Count 4:
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12 months’ imprisonment, concurrent.
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Count 5:
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12 months’ imprisonment, concurrent.
|
Total: 27 months’
imprisonment.
Sentence and Observations of Court:
Conclusions granted.
C. M. M. Yates, Esq., Crown Advocate.
Advocate S. E. A. Dale for the Defendant.
JUDGMENT
THE DEPUTY BAILIFF:
1.
You are here
to be sentenced for three counts of larceny and two counts of receiving stolen
property. The Court accepts that
the larceny was opportunistic and, to a significant extent, fuelled by alcohol
but alcohol is an aggravating factor rather than a mitigating factor. The larcenies from the private vehicles
caused significant inconvenience to the owners and significant loss to one of
them. You smashed windows in order
to gain access to those vehicles.
You have consistently demonstrated a casual disregard for the property
of other people and you have shown no real remorse for the effect on your
victims until the Court has received a letter through your counsel this
morning. It is clear that for you
alcohol and other drugs are significant factors in your offending. You have a very substantial record with 77
previous convictions including 23 for theft and similar offences, including
those from unattended vehicles.
2.
We have
considered very carefully indeed all that your counsel has said on your behalf
and we have read, with care, the letter that you have handed up to the
Court. The Court notes in
particular the last section of your letter and expresses, very strongly, the
hope that you will comply with the aims that you set out there and that you
will use the period in prison to readjust your life and come out and take your
place as a useful and decent member of society.
3.
But in the
light of the social enquiry report, and of the fact that all of the other
options open to the Court have been tried without success, we think that a
sentence of imprisonment is both correct and inevitable and we see no reason to
depart from the conclusions of the Crown on this occasion.
4.
Accordingly,
you are sentenced to imprisonment on Counts 1 and 2 of 15 months’ on each
of those to run concurrent and on Counts 3, 4 and 5 for 12 months’ on
each of those to run concurrently to each other but consecutively to Counts 1
and 2, making a total period of 27 months’ imprisonment.
Authorities
Whelan on Aspects of Sentencing in
the Superior Courts of Jersey.
Wylie-v-AG
[2002] JLR N6.
Wylie-v-AG
2002/13.
R-v-Webbe and
Others [2002] 1 Cr. App. R. (S.) 22.