Jersey Unreported Judgments

ROYAL COURT

(Samedi Division)

31 July 1998

Before: FC Hamon Esq., Deputy Bailiff

and Jurats Rumfitt and Tibbo

AG

-v-

Craig Simon Monins

Admitted further breach of a 1 year Probation Order with 120 hours Community Service reimposed on 27 March 1997, (See Jersey Unreported Judgment of that date) on an admitted breach of the original order, made on 15 August 1997 (See Jersey Unreported Judgment of that date) following guilty plea to:

1 count of aiding, assisting, or participating in breaking and entering and larceny (count 2A).

Age: 20

Plea: Further breach admitted

Details of Offence:

Monins assisted another to break and enter commercial premises at night and steal £1,500 and a laptop computer (value £1,500). On 15 August 1997, Monins was placed on Probation with a condition that he perform 120 hours Community Service. On 27 March 1998, he was presented before the Royal Court for failure to comply with the Order by not carrying out his Community Service. The Crown moved for 5 months Youth Detention ( having moved for 6 months Youth Detention in August 1997) but the Court revoked the Probation Order and imposed a new 12 months’ Probation Order with the condition of 120 hours Community Service. Monins had again failed to comply with the Order and had carried out only 56 of the 120 hours ordered.

Details of Mitigation:

Defendant had carried out the Community Service when it was individual but had become stressed by a change to the Community Service being carried out in a group, and had been unable to force himself to attend.

Previous Convictions: One minor conviction.

Conclusions: 3 months Youth Detention (allowing for Community Service completed).

Sentence and Observations of the Court: Conclusions granted.

The Attorney General

Advocate KO Dixon for the accused

JUDGMENT

THE DEPUTY BAILIFF: Stand up Monins. What has just been said to us has been very helpful and we have also, when we retired, had careful regard to the psychiatric report prepared by Dr Blackwood on the 25 March. We do not, however, think that a psychiatric report is going to help in any way at all; we have given you two warnings; you have failed to observe those warnings, and your failure to respond to the help that we have tried to give you means that you have to spend three months in Youth Detention, and we now sentence you to that. You may be liable to supervision when you come out, you must understand that.

I have to tell you that a custodial sentence is imposed because you have a history of failure to respond to non-custodial penalties and appear unwilling, or unable to respond to them.

No Authorities