Jersey Unreported Judgments

2001/64

3 pages

ROYAL COURT

(Samedi Division)

 

16^th March, 2001.

 

Before:    M. C. St J.  Birt, Esq., Deputy Bailiff, and

                                                      Jurats Quérée, and Le Breton.

 

 

The Attorney General

 

-v-

 

Darren Neil McCormick.

 

2 counts of   malicious damage. (Counts 1, 2 );

1 count of  breaking and entering with intent to commit a crime ( Count 3);

1 count of     attempted breaking and entering with intent to commit a crime (Count 4).

 

Age:       22.

 

Plea:      Guilty

 

Details of Offence:

 

Accused had been drinking with friends in town and had joined a group of others involved in an impromptu party aboard a high value pleasure craft moored at La Collette, which party was taking place without the knowledge or consent of the owner of that vessel.   Whilst intoxicated the accused manoeuvred the vessel from its mooring.   Due to his state of intoxication and his inexperience in controlling such a vessel, the accused collided with another vessel causing approximately £675.00 of damage ( Count 2 ) and succeeded in grounding the vessel on rocks in the La Collette basin, causing £36,000 of damage (Count 1).  He attempted to escape from the harbour official and two police officers who had been called to the scene, but was arrested a short while later.

 

Counts 3 and 4:  whilst on bail for the above mentioned offences, broke into unoccupied commercial premises at first floor level at West's Centre, causing approximately £3,000 of damage to the property, and also attempted to break into an adjoining property.

 

Aggravating features:   defendant absconded whilst on bail.

 

Details of Mitigation:

 

Pleas of guilty ( although inevitable due to the circumstances of his arrest in relation to the malicious damage counts and due to the fact that his fingerprints were found at the scene of the break-in in relation to counts 3 and 4). Malicious damage was reckless rather than wanton or deliberate.  Accused believed he had authority to enter the boat.  Apologies in Court to owner.  Probation Report disclosed appalling background circumstances, still young man who has not really had a chance since the day he was born.   Admittedly bad record, but had weaned himself off drugs when he was at the age of 18 demonstrating considerable willpower.   Genuine attempt to change his  lifestyle, hence the reason for coming to Jersey.   Offences committed because of involvement with his old friends from Scotland who had come to visit.  Has now decided to make a complete break with his past.   Remorse.

 

Previous Convictions:       17 previous convictions, 1996 to 2000.  These comprised 12 offences of fraud/dishonesty, 12 offences failing         

                                        to appear before a court, 2 drug offences, 1 possession of offensive weapon, and 4 miscellaneous offences.

 

 

Conclusions:

 

Count 1:         9 month's imprisonment.

Count 2:         9 month's imprisonment, concurrent.

Count 3:         12 month's imprisonment, consecutive

Count 4:         12 month's imprisonment concurrent with sentence passed on count 3.

TOTAL:  21 month's imprisonment.

                     

 

 

 

Sentence & Observations of Court:

 

Because of the appalling background of the client and genuine attempts to commence new life, Court felt able to reduce the conclusions of the Crown slightly, by substituting for the sentence of  9 months' imprisonment for the malicious damage counts,  sentences of 6 months' imprisonment, making a total of 18 months'.

 

Count 1:   6 month's imprisonment.

Count 2:   6 month's imprisonment.

Count 3:   12 month's imprisonment, consecutive.

Count 4:   12 month's imprisonment concurrent with sentence passed on count 3.

TOTAL:  18 month's imprisonment.

                                                                                                   

 

 

 

                                              P. Matthews Esq., Crown Advocate

                                          Advocate  R.J.F. Pirie for the Defendant.

 

 

JUDGMENT

 

THE DEPUTY BAILIFF:

 

1.      This was a reckless incident McCormick in which you showed complete disregard for the property of others, and caused considerable damage.  It is aggravated by the fact that whilst on bail you broke your curfew and broke into one set of commercial premises, and attempted to break into another.   You then absconded to Scotland and you have previous convictions for dishonesty.

 

2.      Mr Pirie, however, has urged a number of matters in mitigation.  He has referred to the plea of guilty, to the contents of the social enquiry report, which show your very difficult background.  He has also referred to your attempts to change your ways by coming to Jersey and the fact that that was going well until some old friends came down here and you fell under their bad influence.

 

3.      We have considered all that he has said very carefully, but we have concluded that in the light of all the circumstances and the seriousness of the offences we can only proceed by way of imprisonment.  However, we wish to give credit for the efforts you have made to change your ways and we are therefore going to reduce the overall conclusions slightly.  We think the most convenient way to do that is to reduce the sentence on counts 1 and 2, although we emphasis that there was nothing wrong with the Crown's conclusions.

 

4.      So the sentence will be on Count 1: 6 month's imprisonment.  Count 2: 6 month's imprisonment, concurrent.  Count 3: 12 month's imprisonment consecutive, and Count 4: 12 month's imprisonment concurrent to Count 3, making a total of 18 month's imprisonment.

Authorities.

 

A.G -v- Wakeling & Driscoll ( 23^rd April, 1990)  Jersey Unreported.

 

A.G -v- Ferguson & Graham (8^th December, 1994) Jersey Unreported.

 

Whelan: Aspects of Sentencing in the Superior Courts of Jersey (96-97 Noter-up): pp.25-6.

 

A.G -v- Gaffney (5^th June, 1995) Jersey Unreported.