Jersey Unreported Judgments

ROYAL COURT

(Samedi Division)

9 October 1998

Before: Sir Philip Bailhache, Bailiff, and

Jurats Potter and Quérée.

AG

-v-

Neil Anthony Davey

Admitted breach of 18 months probation order with condition of attendance at a SMART Course, made by the Court on the 9 January 1998[1998.002a] , following a guilty plea to:

2 Counts of : Possession of a controlled drug contrary to Article 6 (1) of the Misuse of Drugs (Jersey) Law 1978

Count 2: 2 C-B

Count 3: Cannabis resin

(Count 1 relates to a charge against co-accused)

(On 9 January 1998, the accused also pleaded guilty to the following counts set out in a second indictment laid against him:

I Count of:Failing to conform to indication given by a sign, contrary to Article 36 (1) (b) of the Road Traffic

(Jersey) Law 1956. (Count 1)

1 Count of:Failing to comply with a condition of a provisional driving licence, contrary to Article 6 (2) of

the Road Traffic (Jersey) Law 1956. (Count 2)

1 Count of:Failing to produce a driving licence, contrary to Article 7 of the Road Traffic (Jersey) Law 1956.

(Count 3)

1 Count of:Failing to produce a certificate of insurance, contrary to Article 15 (1) of the Motor Traffic

(Third Party Insurance) (Jersey) Law 1948. (Count 4)

1 Count of:Using a motor vehicle in a dangerous condition, contrary to Article 53 of the Motor Vehicles

(Construction & Use) (Jersey) Order, 1956. (Count 5): and

1 Count of:Using a motor vehicle in contravention of Article 62(A) (b) (I) of the Motor Vehicles

Construction and Use (Jersey) Law 1956. (Count 7)

1 Count of Displaying a registration mark in contravention of Article 22 of the Motor Vehicle Registration

(General Provisions) (Jersey) Order, 1993 and was sentenced as follows:

Count 1:£100 fine or 7 days imprisonment in default of payment

Count 2:£100 fine or 7 days imprisonment in default of payment

Count 3£50 fine or 3 days imprisonment in default of payment

Count 4:£50 fine or 3 days imprisonment in default of payment

Count 5: £100 fine or 7 days imprisonment in default of payment

Count 6:£100 fine or 7 days imprisonment in default of payment

Count 7:£50 fine or 3 days imprisonment in default of payment

Conclusions: Count 2: 2 months imprisonment

Count 3: 1 months imprisonment concurrent

Sentence & Observation of Court:

Count 2: £200 fine or I months imprisonment in default of payment

Count 3: £100 fine or 1 months imprisonment in default of payment, consecutive.

Fine to be paid at the rate of £50 per week

Mrs S Sharpe, Crown Advocate

Accused heard on his own behalf

JUDGMENT

THE BAILIFF: Davey you are an intelligent lad; you have something to offer society; and so far you have not made a very good start. The Court wants to make it clear to you that when it makes an Order - as it did at the beginning of this year, that you should attend the SMART Course - the Court expects those orders to be obeyed, and you must understand that if you do not obey those orders then the Court is going to have to punish you in some way.

The Court has taken account of everything which you have told us and we have taken account in particular of the fact that you have made the effort to find yourself a job and that you have been offered a job beginning next Monday. It is that factor really which has persuaded the Court to give you one further chance and not to send you to prison which would otherwise have been the appropriate way of dealing with your drugs offences, and so the Court is going to discharge the probation order, and is going to fine you on the first charge, - count. 2, which is the charge involving the class A drug - the sum of £200 or in default of payment one months’ imprisonment, and on count 3, - that is to say the cannabis offence - £100 or in default one months imprisonment, so that the total fine is £300, or in default two months imprisonment, and you will pay those fines at the rate of £50 per week.

I only want to add one thing about the way in which you have been dealt with by the criminal justice system. It is true that on occasion young offenders can be dealt with at the Parish Hall for these kind of offences; but that is a privilege, it is not a right, and it so happens that you were charged with somebody who was to appear before this Court for other reasons and I am afraid, Davey that that is life, and these are the things that you have to accept. So far as the future is concerned, the Court very much hopes that you will continue on the good road that you have now taken and that we will not see you again. 

No Authorities