AG v Le Long
| Jurisdiction | Jersey |
| Court | Royal Court |
| Judge | Bailiff |
| Judgment Date | 13 February 2004 |
| Neutral Citation | [2004] JRC 30 |
| Date | 13 February 2004 |
[2004] JRC 30
ROYAL COURT
(Samedi Division)
Sir Philip Bailhache, Bailiff, and Jurats de Veulle and Le Cornu.
A.J. Belhomme, Esq., Crown Advocate.
Advocate N.S.H. Benest for the Defendant.
R v Webbe & Ors [2002] 1 Cr, App. R (S) 82.
Wylie v A.G. (17th January, 2002) Jersey Unreported; [2002/13].
Whelan: Aspects of Sentencing in the Superior Courts of Jersey (2 nd Ed'n): paras 394–410.
A.G. v Munks (8th October, 1999) Jersey Unreported: [1999/168A].
3 counts of: Receiving, hiding or withholding stolen property (counts 1, 2 and 5).
1 count of: Possession of a controlled drug contrary to Article 6(1) of the Misuse of Drugs (Jersey) Law, 1978.
Count 6: Cannabis.
Breach of a 130 hour Community Service Order, made in Magistrates' Court on 2 nd July, 2003, following conviction on 1 count of possession of an offensive weapon and admitted breach of: (1) a 40 hour Community Service Order made in Magistrates' Court on 12 th March, 2003, following conviction on 1 count of being drunk in charge; (2) a 12 month Binding Over Order, made in Magistrates' Court on 3 rd February, 2003, following conviction on 4 parking offences; (3) a 12 months' Probation Order, made in Magistrates' Court on 31 st January, 2003, following conviction on malicious damage, resisting arrest, and possession of a controlled drug; and (4) a 12 months Binding Over Order, made in Magistrates' Court on 5 th September, 2002, following conviction on 1 count of assault. On 2 nd July, 2003, the Magistrates' Court revoked the Probation Order of 31 st January, 2003 and the Binding Over Order of 5 th September, 2002.
[On 9 th January, 2004, not guilty pleas to counts 3 and 4 of the indictment were accepted by the Crown].
Age: 33.
Plea: Guilty; admitted breaches of Binding Over and Community Service Orders.
Details of Offence:
The three counts of criminally receiving, hiding or withholding stolen property arose out of two incidents of breaking and entering. The first took place overnight on Sunday 3 rd and Monday 4 th August, 2003, at premises known as 92 Bath Street, St Helier. These premises are jointly occupied by two businesses connected by an internal door. Cash and numerous items of electrical sound equipment (worth £3,584) were stolen from one business and a laptop (worth £1,200) was taken from the other.
The second incident of breaking and entering took place overnight on Sunday 10 th and Monday 11 th August, 2003, at the Tivoli Tavern. Some 533 packets of cigarettes were stolen from vending machines sabotaged during the break in.
As a result of information received, officers carried out a search of Le Long's home on 12 th August, 2003. The sound equipment, laptop and cigarettes were all found in his flat, as was a small quantity (5.78g) of cannabis resin.
The offences put him in breach of previous Community Service Orders.
Details of Mitigation:
Guilty pleas. Pursuant to the factors identified in Webbe this was handing towards the lower end of the sale (no evidence connecting Le Long with the larceny, no evidence of benefit, minimal role, no sophisticated concealment, no voluntary restitution but goods were recovered and can be returned).
No previous convictions for dishonesty.
Downward spiral in Le Long's life since death of father two years ago (including failure of 14 year relationship with the mother of his two children, loss of job, recent convictions, alcohol dependency).
Previous Convictions:
4 convictions for 7 offences, including one of possession of a controlled drug.
Conclusions:
Count 1: 15 months' imprisonment.
Count 2: 18 months' imprisonment, concurrent.
Count 5: 15 months' imprisonment, concurrent.
Count 6: 1 month's imprisonment, consecutive.
Breach of 12 th March, 2003, Magistrates' Court Community Service Order: 1 month's imprisonment; Breach of 3 rd February, 2003, Magistrates' Court Binding Over Order: 7 days'...
To continue reading
Request your trial