ROYAL COURT
(Samedi Division)
17 July 1998
Before: FC Hamon, Esq., Deputy Bailiff and Jurats
Le Ruez and de Veulle
AG
-v-
Thomas Dalglish
Breach of a Probation Order
On 19 December 1997, the accused pleaded guilty in the Royal Court to 1 count of grave and criminal assault [1997.232], and was place on probation for 1 year, with 240 hours of Community Service.
On 28 January 1998, the accused was fined £60 for a minor larceny offence.
In April, 1998, the accused failed to comply with his Probation Officers instructions about place of residence.
On 19 May 1998, the accused reserved his plea in the Magistrates Court to charges of assault and malicious damage.
Plea: Breach admitted.
Age: 29
Details of Offence:
See Judgment of the Royal Court dated 19 December 1997, when Dalglish was placed on probation for twelve months with a condition of 240 hours community service. Of this, 55 hours community service had been served. Breach of probation was admitted and two convictions had been entered in the Magistrates Court for malicious damage and conduct likely to cause a breach of the peace in respect of each of which Daglish had been sentenced to seven days imprisonment concurrent.
Details of Mitigation:
Daglish had spent approximately 120 days in custody at least some of which would be disallowed for the purposes of computing his sentence under the Criminal Proceedings (Computation of Services) (Jersey) Rules 1968.
Previous Convictions:
Various convictions for larceny from a shop, assault on Police and drunk and disorderly/conduct likely to cause a breach of the peace.
Conclusions:
The 16 months imprisonment (18 months had been the Crown conclusions in December, less an allowance for some community service performed.)
Conclusions granted.
Sentence and Observations
of the Court:
Conclusions Granted
The Court was lenient in December and gave Dalglish a chance. That opportunity had been rejected. 16 months was appropriate.
W J Bailhache, Esq., Crown Advocate
Advocate DE Le Cornu
NO RECORDED JUDGMENT
Authorities
A.G -v- Norris (28 September 1992) Jersey Unreported, CofA
A.G -v- Graham (1 October 1996) Jersey Unreported, CofA