Jersey Unreported Judgments

Inferior Number Sentencing - illegal entry and larceny - breaking and entry and larceny.

[2013]JRC066

Royal Court

(Samedi)

5 April 2013

Before     :

W. J. Bailhache, Q.C., Deputy Bailiff, and Jurats Marett-Crosby and Liston.

The Attorney General

-v-

Luke Clint Cox

Sentencing by the Inferior Number of the Royal Court, following guilty pleas to the following charges:

1 count of:	Illegal entry and larceny (Count 1).
1 count of:	Breaking and entry and larceny (Count 2).

Age:  26.

Plea: Guilty.

Details of Offence:

In October 2012, 7 weeks after being released from prison for breaking and entering, the defendant committed an opportunistic illegal entry at ARC Carpets, entering through an unsecured door. He stole a Sony Vaio computer worth about £1,500.  Once home he discovered that the computer would not work without the wireless mouse and keyboard.  He therefore broke into the property again in order to steal the mouse and keyboard.  In doing so he damaged a door.

Details of Mitigation:

The Crown

Guilty plea; partially cooperative with police.

 

The Defence

No attempt to sell the computer, property recovered.  Count 1 was opportunistic, realised it was time to stop blaming others for his behaviour.

Previous Convictions:

126 convictions including 19 illegal entry-breaking and entering offences, 9 fraud offences and 8 other dishonesty offences.

Conclusions:

Count 1:	21 months' imprisonment.
Count 2:	21 months' imprisonment, concurrent.

Total: 21 months' imprisonment. 

Sentence and Observations of Court:

Counsel had said everything she could, but the Court could not allow Cox's criminal conduct go unpunished.  They warned sentences would increase in future. 

Conclusions granted.

Ms E. L. Hollywood., Crown Advocate.

Advocate D. A. Corbel for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        Some 7 weeks after your release from prison where you had served a sentence of 3 years' imprisonment for various offences, including illegal entry, you entered commercial premises illegally.  You stole a Vaio computer, valued at approximately £1,500.  About 1 week later you broke into the same premises and stole the keyboard and mouse that went with that computer.  The first entry was an opportunist one, the door being ajar. 

2.        You have made early admissions and you have pleaded guilty.  You have told the probation officer that you are not willing to perform a Community Service Order even if the Court were minded to impose one, and I can confirm to you that we were not.  You are assessed as being at high risk of committing further offences.  At the age of 26 you have 126 convictions for various offences including 36 offences of dishonesty. 

3.        Your counsel has said absolutely everything that could be said on your behalf.  You must realise the Courts will not stand by and allow your criminal conduct to go unpunished.  The sentences imposed are only likely to increase in the future if you continue offending.  It is your life and it is your choice.  No-one else can make these choices but you; you are right that there is no-one to blame for this offending.  You can change if you want to but you must want to do so.

4.        We are going to grant the conclusions of the Crown.  We urge you to take advantage of the courses which are available to you in prison.  You are sentenced to 21 months' imprisonment on each count, concurrent. 

Authorities

Whelan on Aspects of Sentencing in the Superior Courts of Jersey.

AG-v-Gaffney 1995/101.

AG-v-Cox [2011] JRC 087.