AG v McCormick [2001] JRC 64 (16 March 2001)

JUDGMENT THE DEPUTY BAILIFF: 1. This was a reckless incident McCormick in which you showed complete disregard for the property of others, and caused considerable damage. It is aggravated by the fact that whilst on bail you broke your curfew and broke into one set of commercial premises, and attempted to break into another. You then absconded to Scotland and you have previous convictions for dishonesty.

2. Mr Pirie, however, has urged a number of matters in mitigation. He has referred to the plea of guilty, to the contents of the social enquiry report, which show your very difficult background. He has also referred to your attempts to change your ways by coming to Jersey and the fact that that was going well until some old friends came down here and you fell under their bad influence.

3. We have considered all that he has said very carefully, but we have concluded that in the light of all the circumstances and the seriousness of the offences we can only proceed by way of imprisonment. However, we wish to give credit for the efforts you have made to change your ways and we are therefore going to reduce the overall conclusions slightly. We think the most convenient way to do that is to reduce the sentence on counts 1 and 2, although we emphasis that there was nothing wrong with the Crown's conclusions.

4. So the sentence will be on Count 1: 6 month's imprisonment. Count 2: 6 month's imprisonment, concurrent. Count 3: 12 month's imprisonment consecutive, and Count 4: 12 month's imprisonment concurrent to Count 3, making a total of 18 month's imprisonment. Authorities. A. G -v- Wakeling & Driscoll ( 23 rd April, 1990) Jersey Unreported. A. G -v- Ferguson & Graham (8 th December, 1994) Jersey Unreported. Whelan: Aspects of Sentencing in the Superior Courts of Jersey (96-97 Noter-up): pp.25-6. A. G -v- Gaffney (5 th June, 1995) Jersey Unreported. Page Last Updated: 11 Apr 2017 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII