Jersey Unreported Judgments

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URL: http://www.bailii.org/je/cases/UR/2001/2001_185.html
Cite as: [2001] JRC 185

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2001/185

ROYAL COURT

(Samedi Division)

17^th August 2001

Before:

M.C. St. J. Birt, Deputy Bailiff, and Jurats

Le Ruez, and Georgelin.

The Attorney General

-v-

Ricky Lee Bree

Breach of an 18 month Probation Order, made by the Royal Court on 22^nd September 2000 [see Jersey Unreported Judgment of that date], following a guilty plea to the following counts:

Second Indictment

6 counts of:	aiding, assisting or participating in obtaining goods by false pretences (counts 1a, 2a, 3a, 4a, 5a and 6a);
1 count of:	larceny (count 7).

Third Indictment

1 count of:	larceny by finding (count 1);
2 counts of:	obtaining goods by false pretences (counts 2 and 3).

Fourth Indictment

1 count of:	breaking and entering and larceny (count 1);
1 count of:	aiding, assisting or participating in breaking and entering and larceny (count 1a).
1 count of:	receiving (count 1b).

[The remaining counts on the indictment relate to a co-accused].

Plea: Breach admitted.

Conclusions:

Probation Order to be discharged; 17 months' youth detention on each count, concurrent, to be substituted.

Sentence and Observations of Court:

15 months' youth detention on all counts, concurrent. Probation Order discharged.

M. St.J. O'Connell, Esq., Crown Advocate.

Advocate C.M. Fogarty for the accused.

JUDGMENT

THE DEPUTY BAILIFF:

1. On 22^nd September you appeared before this Court to be sentenced on a total of 13 counts, including receiving a stolen clock worth £3,500, six counts of aiding, abetting in obtaining goods to an aggregate value of £1,330; one count of larceny of a DVD player; another count of larceny of some credit cards and two further counts of obtaining goods by false pretences, worth £85.

2. On that occasion you were given a chance. The Court placed you on probation with an order for community service and you were warned what might happen if you breached the order. You have ignored this chance; you have committed further offences; you have failed to report to your Probation Officer as directed; and you failed to carry out the community service in a timely manner.

3. We have considered the Criminal Justice (Young Offenders) (Jersey) Law, 1994 but we are quite satisfied that there is no alternative to a custodial sentence because of your failure to respond to the chance you were given last September. However, we note that you have spent the equivalent of 10 months 18 days on remand before you were placed on probation, and we think that some allowance must be made for this in order to ensure that the overall sentence is fair. We therefore propose to make a reduction in the conclusions. The sentence of the Court is one of 15 months' youth detention, concurrent, on all the counts for which you were placed on probation. We must remind you that you may be subject to supervision when you are released and we discharge the probation order.

Authorities

AG-v-Lopes and Bree (22^nd September, 2000) Jersey Unreported: [2000/187].