Jersey Unreported Judgments

ROYAL COURT

(Samedi Divison)

13 February 1998

Before: Sir Philip Bailhache, Bailiff., and Jurats Herbert and Le Brocq

AG

-v-

Andrew Ernest Louis

1 Count of larceny

Breach of a 2 year Probation Order, with a condition of attending a SMART course imposed on 13 December 1996, See Jersey Unreported Judgment of that date, following a guilty plea to:

First Indictment

1 count of aiding, assisting or participating in kidnapping (count 1A)

Second Indictment

1 count of supplying a controlled drug, contrary to Article 5(b) of the Misuse of Drugs (Jersey Law, 1978:

Count 1: Cannabis.

1 count of possessing a controlled drug, contrary to Article 6(1) of the Misuse of Drugs (Jersey) Law, 1978:

Count 2: Cannabis.

1 count of permitting the smoking of cannabis on premises of which he was the occupier, contrary to Article

9(c) of the Misuse of Drugs (Jersey) Law, 1978: (count 3)

Third Indictment

1 count of larceny (count 1)

Fourth Indictment

1 count of being drunk and disorderly (count 1).

Fifth indictment

1 count of driving without a licence, contrary to Article 3(1) of the Road Traffic (Jersey) Law, 1956 (count 1).

1 count of using a motor vehicle uninsured against third party risks, contrary to Article 2(1) of the Motor Traffic

(Third Party Insurance) (Jersey) Law, 1948 (count 2)

1 count of failing to notify change of ownership of a motor vehicle, contrary to Article 11(2) of the Motor Vehicle

Registration (Jersey) Law, 1993, (count 3).

Age: 26

Plea: Guilty; Breach of probation admitted

Details of Offence:

Offence committed between 1 January 1997 and 7 April 1997. Defendant employed as a gardener. Whilst working at property of client of employer he stole 3 cases of wine valued at £900. Sold one case to a local retailer. Hid remaining two cases which were subsequently recovered but no thanks to Defendant. Immediately after committing offence Defendant left Island travelling first to Guernsey and then to England. Brought back by warrant from Brighton in November 1997.

Details of Mitigation:

Had completed four fifths of SMART course. Handed himself in to the Police. In a steady relationship with girlfriend who had a 6 weeks old baby. Letter form girlfriend handed to Court.

Previous Convictions:

Numerous.

n.b..Defendant not only in breach of Probation Order for failing to complete SMART course but above offence committed whilst on Probation.

Conclusions:

Present offence: 2 months imprisonmentBreach of Probation:

1^st Indictment: count 1A:6 months imprisonment

2^nd Indictment: count 1:2 weeks imprisonment

count 2:2 weeks imprisonment

count 3:2 weeks imprisonment, concurrent with each other, but consecutive to sentence imposed on

1st Indictment.

3^rd Indictment: count 1:£5 fine or 5 days imprisonment, in default of payment, consecutive.

4^th Indictment: count 1:1 month imprisonment, consecutive.

5^th Indictment: count 1:£50 fine or 2 weeks imprisonment in default of payment, consecutive.

count 2:3 months imprisonment, consecutive.

count 3:£5 fine or 2 days imprisonment in default of payment, concurrent with each other but

consecutive to sentences imposed in other Indictments.

TOTAL: 12 months 2 weeks imprisonment; £60 fine or 3weeks imprisonment consecutive in default of payment.

Sentence and Observations of the Court:

Conclusions granted, but all sentences imposed for breach of probation to run concurrently with each other but consecutively to sentence on present offence:

TOTAL: 8 months imprisonment.

DE Le Cornu, Esq., Crown Advocate

Advocate MHD Taylor for the accused

JUDGMENT

THE BAILIFF: Louis, you heard what the Crown Advocate said when he moved his conclusions and the first thing that I want to say to you is that the Court agrees with the Crown Advocate that his conclusions are entirely right and proper. On the other hand, we have read very carefully the letter which your Counsel passed up from your girlfriend and we have been impressed by that. We want to say to you that you have a relationship which is worth working for and preserving and the Court hopes that when you have served the sentence which the Court is about to impose that you will think about your relationships and your obligations to your family and that that will help you keep out of trouble in future.

The Court is going to temper justice with mercy. We have to punish you for the offences which you have committed but we are going to take account of the fact that you did perform part of the SMART course successfully, that many of these offences took place a long time ago, and most of all that your girlfriend has been giving you the support which is evident from the letter which was passed up to us. We are, therefore, going to pass a total sentence of 8 months imprisonment. We will do that by making all the sentences moved for by the Crown Advocate in respect of the breach of probation concurrent with each other therefore making a total of 6 months imprisonment, and on the fresh indictment which was read this morning you will be sentenced to two months imprisonment consecutive making a total in all of 8 months imprisonment.

No Authorities