Jersey Unreported Judgments

[2005]JRC177

ROYAL COURT

(Samedi Division)

19^th December 2005

Before     :

Sir Philip Bailhache, Bailiff, and Jurats Le Breton and King.

The Attorney General

-v-

Ricky Lee Bree

Sentencing by the Inferior Number of the Royal Court on guilty pleas to:

1 count of:	Failure to notify the Inspector of a change of ownership of a registered motor vehicle contrary to Article 11 (2) of the Motor Vehicle Registration (Jersey) Law, 1993.  (Count 1).
2 counts of:	Larceny.  (Counts 2 and 3).
1 count of:	Grave and criminal assault.  (Count 4).
1 count of:	Affray.  (Count 5).
2 counts of:	Possession of a controlled drug contrary to Article 8 (1) of the Misuse of Drugs (Jersey) Law 1978.  (Counts 6 and 7).

Age:  26.

Plea: Guilty.

Details of Offence:

Bree bought a car and failed to return the transfer documentation.  He also stole a phone from Jersey Telecom, together with four cans of beer from the Co-op.  The main offence of grave and criminal assault and affray concerned an incident that took place in the Parade outside Bambola on a busy Saturday afternoon.  Bree, who was intoxicated at the time, wrongly believed that visitors to his flat posed a threat to him.  He took a broom handle and two large kitchen knives and chased them into the street where, in front of shoppers and their children, he shouted threats and obscenities, before cornering one man in the doorway to Bambola, and using the broom handle to hit a ladder that the man held out in front of himself as a shield.  Whilst no injuries were sustained by the man during the assault, various eye witnesses recounted that they had feared for their own safety throughout the incident.  During a subsequent search of Bree's flat, a personal amount of cannabis and 4 ecstasy tablets were seized.  

Details of Mitigation:

Guilty plea; Bree suffering from shock at the time, having watched an acquaintance drown a few days prior to the incident; knives were not used; residual youth.

Previous Convictions:

11 convictions comprising 40 offences, including previous theft, assaults and drug offences.

 

Conclusions:

 

Count 1:	£100 fine or 1 week's imprisonment in default.
Count 2:	3 months' imprisonment, consecutive.
Count 3:	1 month's imprisonment, consecutive.
Count 4:	7 months' imprisonment, concurrent with 5 and 7.
Count 5:	18 months' imprisonment, concurrent.
Count 6:	1 month's imprisonment, concurrent.
Count 7:	8 months' imprisonment, concurrent.

Total: 22 months' imprisonment and £100 fine.

Sentence and Observations of Court:

 

Count 1:	£100 fine or 1 week's imprisonment in default.
Count 2:	2 months' imprisonment, concurrent.
Count 3:	1 week's imprisonment, concurrent.
Count 4:	7 months' imprisonment, concurrent with 5 and 7.
Count 5:	18 months' imprisonment, concurrent.
Count 6:	1 month's imprisonment, concurrent.
Count 7:	3 months' imprisonment, concurrent.

Total: 18 months' imprisonment.

C.M.M. Yates, Esq., Crown Advocate.

Advocate C. Fogarty for the Defendant.

JUDGMENT

 

THE BAILIFF:

1.        Affray is a serious offence.  Putting members of the public in fear of physical violence by carrying knives and a stick in the immediate neighbourhood of a toy shop when children were present is unacceptable behaviour.  Furthermore, the offence was committed whilst you were on remand for the offences of larceny.  We understand that you were under stress from your experience of the death of your friend's stepfather but that was no justification for your behaviour.  We accept that you have pleaded guilty to the offences and that you are entitled to credit for that.

2.        We have given careful consideration to the recommendations in the probation report, but we think that this is not an appropriate case for the imposition of a non-custodial penalty.  Applying the totality factor we are going to modify slightly some of the conclusions of the Crown Advocate and you are therefore, sentenced as follows.  On Count 1, you will be fined the sum of £100 or in default of payment 1 week's imprisonment.  On Count 2, you will be sentenced to 2 months' imprisonment.  On Count 3, to 1 week's imprisonment.  On Count 4, to 7 months' imprisonment.  On Count 5, to 18 months' imprisonment.  On Count 6, to 1 month's imprisonment.  On Count 7 to 3 months' imprisonment.  All those sentences will run concurrently, making a total of 18 months' imprisonment and a fine of £100.  The forfeiture and destruction of the drugs is ordered.

Authorities

Harrison -v- AG [2004]JCA046.

AG -v- Shewan (1999) JRC022.

AG -v- Skinner [2003]JRC93A.

AG -v- Buesnel (1996) JLR26.