ROYAL COURT
(Samedi Division)
2 July 1999
Before: Sir Peter Crill K B E, Commissioner and
Jurats de Veulle and Bullen
AG
V
Stephen James Hendry
Admitted breach of a 2 year Probation Order, with a condition of performing 200 hours Community Service, made on 3 April 1997, following a guilty plea to: 1 count of conduct likely to cause a breach of the peace (First Indictment); 1 count of attempted breaking and entry with intent (Second Indictment); and 1 count of grave and criminal assault (Third Indictment). On 17 April 1998, the Royal Court deleted the Community Service condition from its Order of 3 April 1997.
Conclusions:Probation Order discharged
First Indictment: 1 week imprisonment
Second Indictment:3 months imprisonment
Third Indictment:3 months imprisonment
All concurrent: TOTAL: 3 months imprisonment
Sentence & Observations of the Court: Conclusions granted
P Matthews, Crown Advocate
Advocate R Tremoceiro for the accused
JUDGMENT
THE COMMISSIONER: There is no doubt that the most serious of the three offences with which the accused was charged was of the attack on Mr Shepherd and as the Court said in respect of that attack it was:
"a savage offence of which you ought to be ashamed. There is no excuse for kicking a defenceless man when he is on the ground."
The Court endorses what that Court said and also what the Crown Advocate has said in that the Probation Service looks to this Court for its support to deal effectively with breaches of probation.
We note, in this case, that you, Hendry, took yourself off to India, although you were told by Dr King that you should stay here. You originally decided that you would wait until the end of your Probation Order. It is a pity you did not wait, because it was only five months away. You could not wait and you did not come back to the Royal Court. It is true that you did come back to Jersey and your counsel has said everything that he can say, but he is not opposing a prison sentence. In our opinion the conclusions of the Crown are fair and reasonable and mark the Court’s displeasure, not only of you and your behaviour, but of others who break Probation Orders imposed by the Court and spurn the help of the Probation Service which is only there to assist offenders.
Therefore the Court unanimously grants the conclusions asked for by the Crown and you will be sentenced to 1 week imprisonment in respect of count 1 of the First Indictment; 3 months imprisonment in respect of count 1 of the Second Indictment; and 3 months imprisonment in respect of count 1 of the Third Indictment, concurrent, making a total of 3 months imprisonment.
Authorities
AG v Hendry, Buckley, McMillan & Hartley (3 April 1997) Jersey Unreported.