Jersey Unreported Judgments

2000/194

3 pages

ROYAL COURT

(Samedi Division)

 

6^th October, 2000

 

Before:  Sir Philip Bailhache, Bailiff,

and Jurats de Veulle and Tibbo

 

The Attorney General

-v-

Mark William O'Brien

 

 

First Indictment

1 count of breaking and entering with intent.

 

Second Indictment

2 counts of:  possession of a controlled drug, contrary to Article 6(1) of the Misuse of Drugs (Jersey) Law, 1978:

                    Count 1: ecstasy;

                    Count 2: cannabis resin.

 

Breach of a 1 year Probation Order, made by the Royal Court on 4^th February, 2000, following guilty pleas to:

 

First Indictment:

2 counts of breaking and entering and larceny (counts 2, 3)

1 count of larceny (count 4).

 

Second Indictment

1 count of breaking and entering and larceny (count 1).

 

[Count 1 of first indictment was withdrawn).

 

Age: 20

 

Plea:

 

Convicted at Criminal Assize on 6^th September, 2000, on First Indictment; guilty pleas on 14^th July, 2000, on Second Indictment; breach of Probation Order admitted on 6^th October, 2000.

 

Details of Offence:

 

O'Brien broke into residential property in daylight whilst the owners were at work.  Untidy search undertaken.  No evidence of items being removed, assumption being that he was disturbed in the course f the search.  Convicted by Assize jury.  This offence and 2 minor drug offences placed him in breach of a probation order imposed by the Royal Court 4^th February, 2000 in respect of breaking into a dwelling house and 2 commercial premises

 

Details of Mitigation: Youth.

 

Previous Convictions: Numerous, including similar offences.  History of failing to respond to non-custodial sanctions.

 

Conclusions:

 

First Indictment:

Count 1: 36 months' Youth Detention.

 

Second Indictment:

Count 1: 1 month's Youth Detention (concurrent with count 2, but consecutive to all other sentences);

 

Count 2: 1 week's Youth Detention (concurrent with count 1, but consecutive to all other sentences).

TOTAL: 37 months' Youth Detention.

 

Breach of Probation Order:

 

First Indictment:

Count 2: 12 months' Youth Detention;

Count 3: 21 months' Youth Detention, concurrent;

Count 4: 2 months' Youth Detention, concurrent.

 

Second Indictment:

Count 1: 18 months' Youth Detention, concurrent.

TOTAL: 21 months' Youth Detention.

TOTAL SENTENCE: 37 months' Youth Detention.

 

Sentence and Observations of the Court:  Conclusions granted.

 

 

A.R. Binnington, Esq., Crown Advocate;

Advocate C.M. Fogarty for the accused.

 

JUDGMENT

 

THE BAILIFF:

 

1.    O'Brien, you have, as you know, a very bad record.  You have been placed on Probation, or ordered to perform Community Service on four previous occasions.  When the Court placed you on Probation and ordered you to perform Community Service on 4^th February, 2000, it accepted your undertakings to abstain from taking drugs and not to break the law and gave you a chance to reform yourself.  Unhappily you have not taken advantage of that opportunity and the Court has no option but to impose a custodial sentence.

 

2.    We have taken account of our duty under the Criminal Justice, (Young Offenders) (Jersey) Law, 1994 and we consider that there is no other method of dealing with you because you have failed to respond to non-custodial penalties and seem to be unwilling to respond to them and the totality of the offending is so serious that a non-custodial sentence cannot be justified.

 

3.    The Court must inform you that when you are released from the sentence of youth detention which the Court is about to impose, you will be liable to supervision by a Probation Officer or some other person.

 

4.    The Crown Advocate, in our judgment, has taken very properly into account all the mitigating factors and has also given due weight to the amount of time which you spent in custody on remand before being sentenced in February of this year.  We are going to grant the conclusions and you are, accordingly, sentenced on the Breach of the Probation Order, on count 2 of the first indictment, to 12 months' Youth Detention; on count 3, to 21 months' Youth Detention, concurrent; and on count 4, to 2 months' Youth Detention.  On the second indictment, on count 1, you are sentenced to 18 months' Youth Detention, concurrent, making a total of 21 months' Youth Detention.

 

5.    Insofar as the present indictment is concerned, on count 1 of the first indictment, you are sentenced to 36 months' Youth Detention; on the second indictment , on count 1, you are sentenced to 1 month's Youth Detention, consecutive; on count 2, you are sentenced to 1 week's Youth Detention, concurrent, making a total of 37 months' Youth Detention.  The Court orders the forfeiture and destruction of the drugs and the Probation Orders are discharged.

Authorities

 

R -v- Edwards and Brandy (1^st July, 1996) TLR.

 

AG -v- Le Mière (26^th November, 1997) Jersey Unreported.

 

AG -v- da Silva (4^th December, 1997) Jersey Unreported.

 

AG-v-Aubin (14^th May, 1987) Jersey Unreported.

 

AG-v-Allo and Collins (1983) JJ 85.

 

AG-v-Marie (11^th June, 1992) Jersey Unreported.

 

AG-v-O'Brien (4^th February, 2000) Jersey Unreported.

 

Whelan: Aspects of Sentencing in the Superior Courts of Jersey: p.67.