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	Jersey Unreported Judgments
You are here: BAILII >> Databases >> Jersey Unreported Judgments >> 1999/61 - AG v Sutcliffe [1999] UR 61 (26 March 1999) URL: http://www.bailii.org/je/cases/UR/1999/61.html Cite as: [1999] UR 61

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ROYAL COURT

(Samedi Division)

26 March 1999

Before: Sir Philip Bailhache Kt Bailiff, and

Jurats Le Ruez and de Veulle

AG

-v-

Dominic Sutcliffe

1 count of obtaining board and lodging by false pretences (count 1)

3 counts of breaking and entering and larceny (counts 6,7,8)

2 counts of aiding, assisting or participating in breaking and entering and larceny (counts 2a,3a)

2 counts of larceny (counts 4,5)

Age:21

Plea:Guilty

Details of Offence:

On two occasions, on his own, but otherwise in company with others, he broke and entered or assisted in the breaking and entry of five commercial premises at night. The total value of the goods taken was £12,315 of which goods to the value of £1,871 had been recovered. The charge of obtaining by false pretences related to staying in a guest house for six nights having given a false name and leaving without paying. The two counts of larceny involved acting with another to take a friend’s bank card and ascertaining the pin number. A total of £310 was then obtained from a cash point.

Details of Mitigation:

Youth (he was 21 only days before conviction); he was weak and easily led, all bar two of the offences were committed with or encouraged by others; he was addicted to heroin at the time and used the proceeds to satisfy his addiction; all the breaking and entries were of commercial premises at night so that no one was threatened; some of the goods were recovered. More particularly he did not benefit from the total amount taken. The total amount which he received was put at under £450; he co-operated and made admissions when interviewed. Counsel was instructed to apologise and to say that he intended to return to Liverpool on his release. The sentence requested by the Crown was too long.

Previous Convictions:

Some previous (including breaking and entry). He had previously been placed on Probation by the Royal Court but had been in breach.

Conclusions:

Count 1:12 months imprisonment

Count 2a:2 years imprisonment

Count 3a:2 years imprisonment

Count 4:12 months imprisonment

Count 5:12 months imprisonment

Count 6:2 years imprisonment

Count 7:2 years imprisonment

Count 8:2 years imprisonment

All concurrent

TOTAL: 2 years imprisonment

Sentence and Observations of the Court:

Conclusions granted. Defendant had been given every opportunity previously but had not taken advantage of it.

AG

Advocate DMC Sowden for the accused

JUDGMENT

THE BAILIFF: Sutcliffe, you have been given every opportunity by the Courts on previous occasions when you have appeared before us and, regrettably, you have failed to take them.

The Court has considered very carefully the matters raised by your counsel and is pleased that you are contemplating returning to your home when you have served your sentence because it is clear that Jersey has done you no good at all.

The conclusions are granted and you will be sentenced as moved for by the Attorney General to a total of two years imprisonment which will be concurrent with the sentence already being served.

Authorities

AG -v- Gaffney (5 June 1995) Jersey Unreported

AG -v- Moore, McCaffrey (24 January 1997) Jersey Unreported