Jersey Unreported Judgments

ROYAL COURT

(Samedi Division)

28 May 1999

Sir Philip Bailhache Bailiff and

Jurats Rumfitt and Georgelin

AG -v- Shaun Patrick O’Shea

I count of driving whilst disqualified, contrary to Article 9(4) 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)

Breach of 2 year Probation Order made by Royal Court on 15^th January, 1999 [1999.007]

Age: 19.

Plea: Guilty

Details of Offence:

The accused had been caught driving a moped whilst disqualified. The insurance infraction followed. In consequence, he was in breach of a Royal Court Probation Order imposed on 15^th January, 1999, in respect of various offences of a similar character and offences of public disorder and house breaking. The facts of those offences were unexceptional and the value of property stolen not great.

Details of Mitigation:

The most recent two offences constituted the fourth occasion on which the accused had breached the terms of probation orders imposed by the Court. In such circumstances, notwithstanding his comparative youth, defence counsel accepted the fact that there was no alternative to a period of detention in Youth Custody.

Conclusions:

Count 1: 6 months Youth Detention.

Count 2: 6 months Youth Detention, concurrent, 12 months disqualification from driving.

Breach of Probation. Total sentence of 6 months Youth Detention, consecutive to sentences on main indictment.

TOTAL: 12 months Youth Detention; 12 months disqualification from driving; Probation Order discharged.

The Crown had moved for a total sentence of 12 months Youth Detention on 15^th January, 1999. In accordance with the decision of the Superior Number in the case of Graham -v- AG (1^st October, 1996) Jersey Unreported, these conclusions were reduced to take account of some 5½ months spent on remand in custody prior to the imposition of the Probation Order on 15^th January and a substantial degree of compliance with the Probation Order prior to its breach.

Sentence and Observations of the Court: Conclusions granted.

AD Robinson, Crown Advocate.

Advocate SE Fitz for the accused.

JUDGMENT

THE BAILIFF: The Court regrets that you were not able to take the opportunity which was given to you at the beginning of this year, but the Court acknowledges that you have instructed your counsel to accept that a custodial sentence is now inevitable and indeed that the conclusions of the Crown Advocate are right. The Court considers that that is to your credit. The Court hopes, nonetheless, that when you have completed the sentence of Youth Detention which we are about to impose you will continue the good work that you were beginning to do with the Probation Service.

I have to tell you, as I am required by law to do, that we are imposing a sentence of Youth Detention on you because you have a history of failure to respond to non-custodial penalties and appear at the moment to be unable or unwilling to respond to them. I have also to inform you that when you have served your sentence of Youth Detention you will be liable to supervision by a Probation Officer or another officer for a period of time after the conclusion of your sentence.

The Court is going to impose the sentences as moved for by the Crown Advocate. I will not repeat them again but they total 12 months’ Youth Detention. The Probation Order is discharged and you are disqualified from driving for a period of 12 months.

No Authorities.