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	Jersey Unreported Judgments
You are here: BAILII >> Databases >> Jersey Unreported Judgments >> 1999/92 - AG v Vaughan and Lavery [1999] UR 92 (28 May 1999) URL: http://www.bailii.org/je/cases/UR/1999/92.html Cite as: [1999] UR 92

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ROYAL COURT

(Samedi Division)

28 May 1999

Before: Sir Philip Bailhache Bailiff and

Jurats Rumfitt and Le Breton

AG v Paul William Vaughan, Nadine Greer Lavery

PAUL WILLIAM VAUGHAN

2 counts ofreceiving stolen property (counts 1,2);

10 counts of obtaining goods by false pretences (counts 3,4,5,6,7,8,9,10,11,12);

3 counts ofpossession of a controlled drug, contrary to Article 6(1) of the Misuse of Drugs (Jersey) Law, 1978:

Count 13: MDMA.

Count 14: amphetamine sulphate.

Count 15: cannabis resin.

Age: 23.

Plea: Guilty.

Details of Offence:

Following two separate break-ins, the accused received property to a total value of £1,500 and a stolen credit card. The accused then obtained goods to a total value of approximately £1,100 from ten retail outlets using the stolen credit card. When his premises were searched, he was found to be in possession of eleven tablets of Ecstasy (the average content being 91 milligrams per tablet), a white powder totalling 1.75 grams which contained amphetamine sulphate (the average content being 3% by weight) and 1.49 grams of cannabis resin.

Details of Mitigation:

The accused had a poor criminal record comprising eight previous Court appearances, including some offences of a similar nature. However, most of the goods obtained using the stolen credit card were recovered. The background report showed the accused to have had a difficult upbringing and his counsel drew attention to his comparative youth and apparent immaturity.

Previous Convictions:

Eight previous Court appearances for offences of a similar nature.

Conclusions:

Count 1:3 months imprisonment.

Count 2:15 months imprisonment.

Count 3:15 months imprisonment.

Count 4:15 months imprisonment.

Count 5:15 months imprisonment.

Count 6:15 months imprisonment.

Count 7:15 months imprisonment.

Count 8:15 months imprisonment.

Count 9:15 months imprisonment.

Count 10:15 months imprisonment.

Count 11:15 months imprisonment.

Count 12:15 months imprisonment.

Count 13:6 months imprisonment.

Count 14:3 months imprisonment.

Count 15:3 months imprisonment.

Counts 2-12: concurrent with each other; counts 13-15: concurrent with each other, but consecutive to sentences on counts 2-12.

Count 1 to follow all other sentences consecutively.

TOTAL: 24 months’ imprisonment.

Sentence and Observations of the Court:

Count 1:3 months imprisonment.

Count 2:15 months imprisonment.

Count 3:15 months imprisonment.

Count 4:15 months imprisonment.

Count 5:15 months imprisonment.

Count 6:15 months imprisonment.

Count 7:15 months imprisonment.

Count 8:15 months imprisonment.

Count 9:15 months imprisonment.

Count 10:15 months imprisonment.

Count 11:15 months imprisonment.

Count 12:15 months imprisonment.

Count 13:3 months imprisonment.

Count 14:1 week’s imprisonment.

Count 15:1 week’s imprisonment.

All sentences to run concurrently, except for sentence passed on count 13, which is to follow other sentences consecutively.

TOTAL: 18 months imprisonment.

NADINE GREER LAVERY

First Indictment (with co-accused)

5 counts ofreceiving goods obtained by false pretences (counts 16,17,18,19,20).

Second Indictment

1 count of grave and criminal assault (count 1);

1 count of possession of a controlled drug, contrary to Article 6(1) of the Misuse of Drugs (Jersey) Law, 1978:

Count 2: cannabis resin.

Age: 22.

Plea: Guilty

Details of Offence:

The accused had attended a nightclub when an altercation took place with the victim. After a lengthy "cooling off" period the accused saw the victim in Bath Street and commenced an assault which was unprovoked. Before doing so, the accused opened the victim’s jacket to be certain as to the victim’s identity. The assault comprised kicks to the body and the victim’s head was forced several times against the paving. The victim did not retaliate at any stage. The victim’s injuries were not serious, although she was off work for three days. The incident was traumatic. When arrested, the accused was found in possession of 767 milligrams of cannabis resin. The accused had also accompanied her boyfriend, the co-accused VAUGHAN, whilst he obtained goods by means of a stolen credit card. She received goods obtained by that false pretence totalling approximately £500.

Details of Mitigation:

Comparative youth. The background report revealed a particularly traumatic history.

Previous Convictions:

The accused had one prior conviction some years before for shoplifting.

Conclusions:

18 months probation, 180 hours community service; attendance at SMART course.

Sentence and Observations of the Court:

Conclusions granted. The Court warned the accused that the assault had been particularly serious and there should be no repetition.

A D Robinson Esq Crown Advocate

Advocate R G Fielding for P W Vaughan

Advocate M Guillaume for N G Lavery

JUDGMENT

THE BAILIFF: The Court has given careful consideration to all the submissions which have been made to it and is prepared, Lavery, so far as you are concerned, to grant the conclusions. The Court only wishes to say this: the assault which you committed upon that other young woman was a very serious matter. We take the view that it was out of character so far as you are concerned and we hope that that kind of conduct is going to be ruled out by you in future and that you will learn to control yourself as indeed you have said through the background report that you are intending to do. The Court is going to grant the conclusions so far as you are concerned and you will be placed on probation for a period of 18 months subject to a condition that you will carry out 180 hours of community service to the satisfaction of the community service organiser and that you will generally live and work as directed by the Probation Officer and if required to do so will attend the SMART course.

Vaughan, the Court has given anxious consideration as to the recommendations set out in the Probation Report but has reached the conclusion that you have to prove that you are willing to reform yourself before the Court is willing to give you the kind of chance which has been suggested by the Probation Service. On the other hand, the Court has been obviously impressed by some of the things set out in the Probation Report, by the submissions of your counsel and by the touching letter written by your mother in support. You have let down your family and the Court hopes that when you have completed your prison sentence you are going to reform yourself and keep out of trouble.

The Court is going to adjust the conclusions slightly having regard to the submissions made by your counsel and you will be sentenced on count 1 to 3 months imprisonment; on counts 2-12, you are sentenced to 15 months imprisonment; on count 13, you are sentenced to 3 months imprisonment; on count 14, you are sentenced to 1 week imprisonment; on count 15, you are sentenced to 1 week imprisonment. The sentences on all counts will be concurrent except that on count 13, which will be consecutive therefore making a total of 18 months imprisonment. We order the forfeiture and destruction of all the drugs concerned in this case.

Authorities.

Current Sentencing Practice: paras. 506, 10518, 10519, 10520/2.

Whelan: Aspects of Sentencing in the Superior Courts of Jersey: pp.53-4.

AG -v- Austin (12^th March, 1999) Jersey Unreported. [1999.048]

AG -v- Flynn (23^rd October, 1998) Jersey Unreported. [1999.213]