AG -v- Cox [2011] JRC 087 (19 April 2011)

JUDGMENT THE commissioner: 1. This defendant is to be sentenced for numerous offences involving dishonesty, including two serious offences of breaking into private dwelling houses at night and the use thereafter of the stolen credit and debit cards. Valuable property was dishonestly obtained. Housebreaking, particularly at night time, is an offence which invariably causes great distress to householders by reason of the invasion of privacy and custodial sentences are almost always imposed.

2. Cox has a very bad criminal record involving many previous convictions for offences of dishonesty. He was released from prison after an 18 month sentence and was at liberty only for 6 weeks before the offending recommenced.

3. The conclusions of the Crown Advocate are entirely justified and the Court has given long consideration as to whether they should be granted. We note that the last sentence was for 18 months and we have had regard to what Professor Thomas calls the "jump effect", that is the undesirability of increasing sentences too rapidly. Your Counsel has told us of the courses that you have completed in the prison and it seems to us that if you want to achieve something in your life you could do so. We are going to make the sentences concurrent because we want to give you some light at the end of the tunnel; we have to punish you but we hope that you will make something of your life when you come out of prison having served your sentence.

4. The conclusions are therefore varied so that all the sentences will run concurrently. You are sentenced to a total of 3 years' imprisonment and you are disqualified from holding a driving license for a period of 3 years. We hope we will not see you again.

5. We order the forfeiture and destruction of the drugs. Authorities Road Traffic (Jersey) Law 1956. Motor Traffic (Third Party Insurance)(Jersey) Law 1948. Whelan's Aspects on Sentencing in the Superior Court of Jersey. AG-v-Bailey [2009] JRC 077 . AG-v-McCallum [2008] JRC 119 . AG-v-O'Shea [2007] JRC 076 . AG-v-Wakeling [2007] JRC 166 . AG-v-Cox [2009] JRC 224 . Page Last Updated: 18 Aug 2016 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII