AG v Le Geyt 05-Oct-12

• Jurisdiction: Jersey
• Court: Royal Court
• Judge: The Deputy Bailiff
• Judgment Date: 05 October 2012
• Neutral Citation: [2012] JRC 178
• Date: 05 October 2012

[2012] JRC 178

ROYAL COURT

(Samedi)

Before:

W. J. Bailhache, Q.C., Deputy Bailiff, andJurats ClaphamandOlsen.

The Attorney General

and

Paul David William Le Geyt

S. M. Baker, Esq., Crown Advocate.

Advocate J. W. R. Bell for the Defendant.

Authorities

AG -v- Mears [2008] JRC 217 .

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

Inferior Number Sentencing — breaking and entry and larceny — violently resisting a police officer — attempted larceny — assault — malicious damage — grave and criminal assault.

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

First Indictment

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

2 counts of: Attempted larceny (Counts 2 and 3).

1 count of: Violently resisting police officers in the execution of their duty (Count 4).

4 counts of: Assault (Counts 5, 6 and 7 and 8).

1 count of: Malicious damage (Count 9).

Second Indictment

1 count of: Grave and criminal assault (Count 1).

1 count of: Violently resisting a police officer in the execution of his duty (Count 2).

1 count of: Assault (Count 3).

Age: 21.

Plea: Guilty.

Details of Offence:

The First Indictment involved the burglary of a dwelling while occupied late at night. Approximately £400 worth of possessions was stolen – including two bank cards. The defendant sought to withdraw cash using the bank cards. When arrested the defendant violently resisted; he assaulted police officers during arrest and whilst in custody and caused significant damage to a police van. The Second indictment involved the defendant head-butting the face of his victim, violently resisting arrest and then the assault of an officer whilst being interviewed. The defendant was in breach of Probation Orders for previous offences.

Details of Mitigation:

Early guilty plea; comparative youth; remorse.

Previous Convictions:

The defendant has multiple previous convictions. Those relevant include offences against the person, offences against property, theft; pubic order offences and offences relating to police/courts/prisons.

Conclusions:

Because of the number of counts on each Indictment (9 on the First Indictment and 3 on the Second Indictment) the totality principle features. For the counts on the First Indictment, a total of 18 months' imprisonment; for those on the Second Indictment a total of 6 months' imprisonment (consecutive). No separate penalty for the breaching of existing Probation Orders.

First Indictment

Count 1: 12 months' imprisonment.

Count 2: 3 months' imprisonment, concurrent.

Count 3: 3 months' imprisonment, concurrent.

Count 4: 2 months' imprisonment, consecutive.

Count 5: 1 month's imprisonment, consecutive.

Count 6: 2 months' imprisonment, consecutive.

Count 7: 2 months' imprisonment, concurrent.

Count 8: 1 month's imprisonment, consecutive.

Count 9: 1 month's imprisonment, concurrent.

Second Indictment

Count 1: 6 months' imprisonment, consecutive to the First Indictment.

Count 2: 1 month's imprisonment, concurrent.

Count 3: 2 months' imprisonment, concurrent.

Total: 2 years' imprisonment.

Breach of Probation Order: no separate penalty.

Sentence and Observations of Court:

The Court held that sentencing for all counts on the Second Indictment should be consecutive and not concurrent following judgment in Mears in respect of assaults on police officers. Spitting at police officers was frankly disgusting.

First Indictment

Count 1: 12 months' imprisonment.

Count 2: 3 months' imprisonment, concurrent.

Count 3: 3 months' imprisonment, concurrent.

Count 4: 2 months' imprisonment, consecutive.

Count 5: 1 month's imprisonment, consecutive.

Count 6: 2 months' imprisonment, consecutive.

Count 7: 2 months' imprisonment, concurrent.

Count 8: 1 month's imprisonment, consecutive.

Count 9: 1 month's imprisonment, concurrent.

Second Indictment

Count 1: 6 months' imprisonment, consecutive to the First Indictment.

Count 2: 1 month's imprisonment, consecutive.

Count 3: 2 months' imprisonment, consecutive.

Total: 2 years' and 3 months' imprisonment.

Breach of Probation Order: no separate penalty and existing Probation Orders to be discharged.

The Deputy Bailiff

1 You are here to be sentenced on two Indictments charging various offences of breaking and entering and larceny, 2 counts of attempted larceny, 1 count of violently resisting police officers, 4 counts of assault against individually named police officers, 1 count of malicious damage to police property, a grave and criminal assault,...