Andrade has eventually admitted his guilt, and he has of course, no previous convictions for dishonesty. We have revisited the case of Livingstone Stewart & Ors (1987) 9 Cr. App. R (S) 135, and the recent case of AG v Burns & Armitage (20 August 1999) Jersey Unreported. But we share the view of the Crown that the severity of these offences calls for a custodial sentence.
Mr Grace has very usefully let us have an affidavit of means, and it is clear that he owns nothing. Andrade’s estranged wife, with whom he is now reconciled, has control of the rented property and its contents.
On the Second Indictment, the imposition of fines which cannot be paid cause a problem when we look at a prison sentence in default of payment, but as I have said, we cannot fault the conclusions of the Crown on the First Indictment. It is said that Andrade does not like prison. So be it; the time, of course, spent on remand will be taken into account. On the First Indictment, on Count 1: 12 months imprisonment; on Count 2: 12 months imprisonment concurrent. On the Second Indictment, Count 1: £100 fine or 1 week imprisonment in default. Count 2: fine of £200 or 2 weeks imprisonment in default. Count 3: £100 fine or 1 week imprisonment in default. Count 4: £200 fine or 2 weeks imprisonment in default. Those default sentences are to run consecutively with each other, but we are going to make them concurrent with the sentences passed on the First Indictment.
Authorities
Livingstone, Stewart & Ors (1987) 9 Cr. App. R. (S) 135.
A.G -v- Halsall (9 th December, 1996) Jersey Unreported.
A.G - v- Harris (23 rd March, 1997) Jersey Unreported.
A.G -v- Pritchard (20 th October, 1995) Jersey Unreported.
A.G. -v- Laverick (11 th January, 1999) Jersey Unreported. [1999.004]
A.G -v- Johnson (15 th March, 1999) Jersey Unreported. [1999.050]