AG v Soares and Aguiar

• Jurisdiction: Jersey
• Court: Royal Court
• Judge: The Deputy Bailiff
• Judgment Date: 01 February 2008
• Neutral Citation: [2008] JRC 15
• Date: 01 February 2008

[2008] JRC 15

ROYAL COURT

(Samedi Division)

Before:

M. C. St. J. Birt, Esq., Deputy Bailiff, and Jurats de Veulle and Liddiard.

The Attorney General

and

Jose Sergio Goncalves Soares

Andreia Luisa Aguiar

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

Advocate C. M. Fogarty for Soares.

Advocate J. M. Grace for Aguiar.

Authorities

Hanna [1994] 15 Cr. App. R. (S) 44.

Greenwood [1995] 16 Cr. App. R. (S) 614.

Sentencing by the Inferior Number of the Royal Court on the following charges:

Jose Sergio Goncalves Soares

First Indictment

2 counts of: Assisting another to retain the benefit of drug trafficking, contrary to Article 37 of the Drug Trafficking Offences (Jersey) Law 1981. (Counts 1 and 2).

Second Indictment

3 counts of: Illegal entry and larceny (Counts 1, 2 and 4).

1 count of: Breaking and entry and larceny (Count 3).

1 count of: Receiving stolen property (Count 5).

1 count of: Possession of a controlled drug, contrary to Article 8 (1) of the Misuse of Drugs (Jersey) Law 1978. (Count 6).

Age : 21.

Plea: Guilty. (Not guilty count 4 - plea accepted).

Details of Offence:

First Indictment

Following financial investigations on documents and bank statements seized from Soares' home, it was discovered that Soares and Aguiar had both made a number of unexplained cash payments into their bank accounts. It was established that they had deposited a total of £5,780 they were keeping on behalf of a convicted drug dealer (Count 1).

Soares also admitted keeping £12,000 cash for that same drug dealer, as well as £3,000 for another (Count 2).

Second Indictment

On 13 ^th May, 2007, Soares entered an occupied dwelling house in College Hill, St Helier. He accessed a study area and took a briefcase containing personal papers. The noise he made alerted the occupier of the house who saw Soares make his escape through a window (Count 1).

On 4 ^th June, 2007, Soares entered an occupied dwelling house in St Saviour's Road, St Helier where he was disturbed by the occupier who saw him hiding behind a door. The occupier spoke to Soares who escaped, despite the occupier taking hold of him. The occupier later discovered that a bank card and £24 cash had disappeared from her handbag (Count 2).

On 5 ^th June, 2007, Soares forced his way into a dwelling house in Mount Bingham, St Helier, using a crowbar or similar. The occupier was out at the time. Soares stole £50 cash from a drawer (Count 3).

On 6 ^th June, 2007, Soares received a large sum of US Dollars that had been stolen shortly beforehand from an address in Midvale Road, St Helier. Soares went to the Post Office to exchange the US Dollars, which he then spent on drugs (Count 5). CCTV footage from the Post Office led to Soares being arrested.

When his home was searched he was found to be in possession of 2.19 grams of cannabis resin (Count 6). Soares' fingerprints were found to match prints retrieved from the premises in Counts 1 and 3.

The offences committed by Soares put him in breach of a Community Service Order imposed in the Magistrate's Court on 1 ^st November, 2006 and lengthened on 30 ^th April, 2007.

Soares' larceny offences were committed over a short period, which is an aggravating factor.

Details of Mitigation:

Guilty pleas (wrote his own indictment on laundering offences), youth, admissions, difficult background.

Previous Convictions:

1 previous conviction for 1 offence.

Conclusions:

First Indictment

Count 1: 12 months' imprisonment.

Count 2: 9 months' imprisonment, concurrent.

Second Indictment

Count 1: 3 years' imprisonment.

Count 2: 3 years' imprisonment, concurrent.

Count 3: 3 years' imprisonment, concurrent.

Count 5: 3 years' imprisonment, concurrent.

Count 6: 3 years' imprisonment, concurrent.

Second Indictment to run consecutive to the First Indictment.

Total: 4 years' imprisonment.

Breach of Community Service Order - no additional penalty.

Forfeiture and destruction of the drugs is sought.

Recommendation for deportation sought.

Sentence and Observations of Court:

Conclusions granted.

Andreia Luisa Aguiar

First Indictment

1 count of: Assisting another to retain the benefit of drug trafficking, contrary to Article 37 of the Drug Trafficking Offences (Jersey) Law 1981. (Count 1).

Age : 19.

Plea: Guilty.

Details of Offence:

See Soares above - First Indictment.

Details of Mitigation:

Guilty plea, youth, admissions, difficult background, good employment.

Previous Convictions:

No previous.

Conclusions:

First Indictment

Count 1: 150 hours' Community Service Order, 9 months' youth detention in default.

Forfeiture and destruction of the drugs is sought.

Sentence and Observations of Court:

Conclusions granted.

The Deputy Bailiff

1 Soares, you have admitted to three offences of illegal entry, breaking and entering and larceny of residential property and to an offence of receiving just over $9,000 stolen from a flat shortly before. The break-ins were in the day rather than at night, but, nevertheless, the Court takes a serious view of burglaries of peoples' houses, not least because of the continuing distress and worry that can be caused to the victims whose homes have been broken into.

2 You have also pleaded guilty to two offences of money laundering the proceeds of drug trafficking. You and your co-defendant permitted some £5,780 to be washed through your bank accounts and you looked after a further £15,000 in cash for a drug dealer.

3 You are also in breach of a Community Service Order imposed for an assault on your co-accused with whom you were living when you were arrested.

4 Miss Fogarty has put forward mitigation on...