Guernsey rejects Alderney Court's sentencing as "manifestly excessive"

Wednesday 23 January 2019

A woman has been allowed to walk free after Guernsey's Royal Court overturned a six month prison sentence she was given by the Court of Alderney.

Sally Smith, who's from the northern-most isle in the Bailiwick, will now serve a 90-hour community service order instead, after appealing to the Royal Court to argue that six months in prison was "manifestly excessive."

The sentence itself was for the theft of £140 cash. Smith had already served 18 days behind bars for the offence when her appeal was heard.

The court that she had taken the money from a neighbour, when she was left alone inside their house with the man's wallet. But it was only moments later, when the owner realised his money was missing and chased Smith up the road, that she returned it.

A six month prison sentence was handed down by Alderney's Court on 3 January this year, a decision based on how the theft undermined the basis of Alderney's community. But Smith and her defence advocate, Tim Bamford, argued that sentence was manifestly excessive - an argument the Royal Court eventually came to agree with. 

Appeals against sentences from the Court of Alderney go to the Royal Court of Guernsey. 

One of the aggravating factors in Smith's case was the fact she had previously committed a very similar crime in 2011, when she stole two bottles of wine from a friend's house. At that time, she was given a suspended sentence by the court. Advocate Bamford said she had reacted well to that sentence, completing the probation order that came along with it and not re-offending for the ensuing seven years. 

He also argued that while the courts in Alderney might be minded to use cases like Smith's as deterrents for future crimes, the fact that this was an isolated incident meant it was unfair to use it as such. It was, he said, the result of excessive alcohol consumption, an issue which he said Smith is aware of and is tackling.

It was also brought to the Royal Court's attention that Smith stood to lose her home if she served the full six month sentence in Guernsey's prison, because she would not be able to pay rent. 

The appellant had served 18 days in prison before her appeal was heard, but she was allowed to walk free from the Royal Court yesterday. 

In summing up, Deputy Bailiff Richard McMahon said the Royal Court of Guernsey acknowledged that the Court of Alderney had to be able to sentence in a way which fitted the community on that island, not of a town in the UK or of Guernsey. They also agreed that the custody threshold had been met. 

But, when taking into account the way mitigation had to have been applied, they did not agree six months behind bars was within the reasonable boundaries of ways to deal with Smith. 

"The offence itself does not warrant a sentence of nine months (before any reductions were applied). A sentence of no more than six months (before reductions) should have been allowed," he said.

"We are satisfied this was manifestly excessive, so will allow this appeal." 

The Deputy Bailiff added that there was no hierarchy of sentences, so the Court in Alderney should have once again looked at a suspended sentence, as that appeared to deter any further offending in 2011. But the Royal Court felt a community service order was most appropriate here, as it would allow Smith to repay a debt to the community.

Smith will carry out 90 hours service, in direct alternative to three months in prison. This will be in addition to the 18 days she has already served in prison at Les Nicolles.

Pictured top: Alderney and Guernsey's Royal Court.