Jersey Unreported Judgments

 2002/92

ROYAL COURT

(Samedi Division)

 

2^nd May, 2002

 

 

The Attorney General

-v-

Graham Francis Gallery;

Terry John Mahé;

Jamie Lee Passman.

 

Graham Francis Gallery

 

1 count of:	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);
1 count of:	Driving without a licence, contrary to Article 3(1) of the Road Traffic (Jersey) Law  1956 (count 2); (26 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 3); (26 similar offences taken into consideration);
1 count of:	Aiding/assisting/participating in breaking and entering, and larceny (count 5A);
3 counts of:	Breaking and entering with intent to commit a crime (counts 6, 15, 40);
5 counts of:	Aiding/assisting/participating in malicious damage (counts 10A, 14A, 16A, 18A, 50A);
4 counts of:	Malicious damage (counts 12, 17, 20, 30);
1 count of:	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:	Aiding/assisting/participating in breaking and entering with intent to commit a crime (count 48A);
1 count of:	Dangerous driving, contrary to Article 14(1) of the Road Traffic (Jersey) Law 1956 (Count 49);
4 counts of:	Careless driving, contrary to Article 15 of the Road Traffic (Jersey) Law 1956 (counts 21, 24, 27, 46);
4 counts of:	Failing to stop and report an accident, contrary to Article 27 of the Road Traffic  (Jersey) Law 1956 (counts 22, 25, 28, 47)
1 count of:	Larceny (count 26)

 

[On 8^th 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:

 

Count 1:	(26 similar counts taken into consideration): 6 months' imprisonment; 24 months' disqualification from driving.
Count 2:	(26 similar counts taken into consideration): £500 fine or 3 months' imprisonment in default of payment.
Count 3:	(26 similar counts taken into consideration): 18 months' imprisonment; 24 months'  disqualification from driving.
Count 5A:	12 months' imprisonment.
Count 6:	12 months' imprisonment.
Count 10A:	12 months' imprisonment.
Count 12:	3 months' imprisonment.
Count 13:	(5 similar counts taken into consideration): 2 years' imprisonment.
Count 14A:	12 months' imprisonment.
Count 15:	6 months' imprisonment.
Count 16A:	12 months' imprisonment.
Count 17:	12 months' imprisonment.
Count 18A:	12 months' imprisonment.
Count 20:	12 months' imprisonment.
Count 21:	£1,000 or 3 months' imprisonment, in default of payment.
Count 22:	3 months' imprisonment; 6 months' disqualification from driving.
Count 24:	£1,000 or 3 months' imprisonment in default of payment.
Count 25:	3 months' imprisonment; 6 months' disqualification from driving.
Count 26:	3 months' imprisonment.
Count 27:	£1,000 or 3 months' imprisonment in default of payment; 6 months' disqualification from driving.
Count 28:	3 months' imprisonment; 6 months' disqualification from driving.
Count 30:	12 months' imprisonment.
Count 40:	12 months' imprisonment.
Count 46:	£1,000 fine or 3 months' imprisonment, in default of payment.
Count 47:	3 months' imprisonment; 6 months' disqualification from driving.
Count 48A:	12 months' imprisonment.
Count 49:	12 months' imprisonment; 24 months' disqualification from driving.
Count 50A:	12 months' imprisonment.

 

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:

 

Count 1:	(26 similar counts taken into consideration): 6 months' imprisonment
Count 2:	(26 similar counts taken into consideration): £100 fine or 1 week's imprisonment in default of payment.
Count 3:	(26 similar counts taken into consideration); 12 months' imprisonment.
Count 5A:	18 months' imprisonment.
Count 6:	18 months' imprisonment.
Count 10A:	6 months' imprisonment.
Count 12:	6 months' imprisonment.
Count 13;	(5 similar counts taken into consideration); 6 months' imprisonment.
Count 14A:	6 months' imprisonment.
Count 15:	6 months' imprisonment.
Count 16A:	6 months' imprisonment.
Count 17:	6 months' imprisonment.
Count 18A:	6 months' imprisonment.
Count 20:	6 months' imprisonment.
Count 21:	£500 fine or 1 month's imprisonment, in default of payment.
Count 22:	3 months' imprisonment.
Count 24:	£500 fine or 1 month's imprisonment, in default of payment.
Count 25:	3 months' imprisonment.
Count 26:	3 months' imprisonment.
Count 27:	£500 fine or 1 month's imprisonment, in default of payment.
Count 28:	3 months' imprisonment.
Count 30:	6 months' imprisonment.
Count 40:	18 months' imprisonment.
Count 46:	£500 fine or 1 month's imprisonment, in default of payment.
Count 47:	3 months' imprisonment.
Count 48A:	18 months' imprisonment.
Count 49:	6 months' imprisonment.
Count 50A:	6 months' imprisonment.

 

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

 

2 counts of:	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:	Breaking and entering with intent to commit a crime (counts 6, 40);
1 count of:	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);
1 count of:	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);
8 counts of:	Aiding/assisting/participating in malicious damage (counts 10A, 12A, 14A, 16A, 17A, 18A, 20A, 50A);
4 counts of:	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);
1 count of:	Illegal entry (count 15)
1 count of:	Malicious damage (count 19)
2 counts of:	Aiding/abetting offence under Road Traffic (Jersey) Law 1956  contrary to Article 44 of that Law (counts 23, 29)
1 count of:	Getting onto a vehicle parked in road, contrary to Article 29(2) of the Road Traffic (Jersey) Law 1956 (count 32);
1 count of	Aiding/assisting/participating in breaking and entering and larceny (count 38A)
1 count of:	Aiding/assisting/participating in breaking and entering with intention to commit a crime (count 40).

 

[On 8^th 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:

 

Count 4:	(9 similar counts taken into consideration): 2 years' youth detention.
Count 6:	12 months' youth detention.
Count 7:	(18 similar counts taken into consideration): 3 years' youth detention.
Count 8:	(20 similar counts taken into consideration) £500 fine or 3 months' youth detention in default of payment.
Count 9:	(20 similar counts taken into consideration) 12 months' youth detention; 24 months disqualification from driving.
Count 10A:	12 months' youth detention.
Count 11:	6 months' youth detention.
Count 12A;	3 months' youth detention.
Count 14A:	12 months' youth detention.
Count 15:	6 months' youth detention.
Count 16A:	12 months' youth detention.
Count 17A:	12 months' youth detention.
Count 18A:	12 months' youth detention.
Count 19:	3 months' youth detention.
Count 20A:	12 months' youth detention.
Count 23:	3 months' youth detention.
Count 29:	3 months' youth detention.
Count 31:	2 years' youth detention.
Count 32:	£500 fine; or 1 month's youth detention in default of payment.
Count 33:	6 months' youth detention.
Count 35:	6 months' youth detention.
Count 36:	6 months' youth detention.
Count 38A:	12 months' youth detention.
Count 40:	12 months' youth detention.
Count 48A;	12 months' youth detention.
Count 50A:	12 months' youth detention.

 

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:

 

Count 4:	(9 similar counts taken into consideration): 6 months' youth detention.
Count 6:	18 months' youth detention.
Count 7:	(18 similar counts taken into consideration): 12 months' youth detention.
Count 8:	(20 similar counts taken into consideration): £100 fine or 1 week's youth detention, in default of payment.
Count 9:	(20 similar counts taken into consideration): 12 months' youth detention; 24 months' disqualification from driving.
Count 10A:	6 months' youth detention.
Count 11:	6 months' youth detention.
Count 12A;	6 months' youth detention.
Count 14A:	6 months' youth detention.
Count 15:	6 months' youth detention.
Count 16A:	6 months' youth detention.
Count 17A:	6 months' youth detention.
Count 18A:	6 months' youth detention.
Count 19:	6 months' youth detention.
Count 20A:	6 months' youth detention.
Count 23:	3 months' youth detention.
Count 29:	3 months' youth detention.
Count 31:	6 months' youth detention.
Count 32:	£100 fine or 1 week's youth detention in default of payment.
Count 33:	6 months' youth detention.
Count 35:	6 months' youth detention.
Count 36:	6 months' youth detention.
Count 38A:	18 months' youth detention.
Count 40:	18 months' youth detention.
Count 48A:	18 months' youth detention.
Count 50A:	6 months' youth detention.

 

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

 

8 counts of:	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);
1 count of:	Aiding/assisting/participating in breaking and entering and larceny (count 38A);
1 count of:	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:	Breaking and entering with intent to commit a crime (count 40);
1 count of:	Malicious damage (count 45);
1 count of:	Aiding/assisting/participating in breaking and entering with intent to commit a crime (count 48A)

 

[On 8^th 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:

 

Count 31:	6 months' youth detention.
Count 33:	3 months' youth detention.
Count 34:	6 months' youth detention.
Count 37:	6 months' youth detention.
Count 38A:	12 months' youth detention.
Count 39:	6 months' youth detention.
Count 40:	12 months' youth detention.
Count 41:	6 months' youth detention.
Count 42;	6 months' youth detention.
Count 43:	6 months' youth detention.
Count 44:	6 months' youth detention.
Count 45:	6 months' youth detention.
Count 48A:	12 months' youth detention.

 

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 (27^th July, 2000) Jersey Unreported: [2000/152].