Jersey Unreported Judgments

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URL: http://www.bailii.org/je/cases/UR/2001/2001_247B.html
Cite as: [2001] JRC 247B

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2001/247B

ROYAL COURT

(Samedi Division)

14^th December, 2001

Before:

Sir Philip Bailhache, Bailiff, and Jurats de Veulle, and Le Breton.

The Attorney General

-v-

Yusuf Bunting.

Breach of a 2 year Probation Order with 120 hours Community Service made on 18^th February 2000 in the Royal Court, (see Jersey Unreported Judgment of that date) following a guilty plea to:

Grave and Criminal assault.

Plea: Breach admitted.

Conclusions:

6 months' Youth Detention

Sentence and Observations of Court:

£500 fine to be paid within a week or 1 month Youth Detention in default of payment. Probation Order discharged.

N.M. Santos Costa, Crown Advocate.

Advocate R Juste for the Defendant.

JUDGMENT

THE BAILIFF:

1. Bunting, when you had your telephone conversation with the Probation Officer on the 15^th October, it was made quite clear to you what you were expected to do, and notwithstanding that, you took the decision to ignore that instruction and to go and pursue your career in Sicily.

2. I hope that you now understand that when the Probation Officer, who is an Officer of the Court gives you an instruction, it is an instruction which must be obeyed. You failed to obey it, and so far as the Court is concerned the Court must punish you for that failure.

3. Now, we have considered carefully the conclusions of the Crown Advocate. We have also looked at the documents which you have produced for us, and we have read carefully the letter which you wrote to the Court. We want also to make it clear to you that we are impressed by the progress which you have made in the last 12 or 18 months, and we do not want to discourage you from continuing to make progress because we want you to make something of your life and not to fall back into the terrible position you were in 12 months ago.

4. The Court is therefore not going to impose a sentence of Youth Detention, but, as I have said, must punish you for your failure to comply its Order. The Court is going to discharge the Probation Order, and is going to fine you the sum of £500, or in default of payment you will have to serve 1 month's Youth Detention. Now that will no doubt cause you some difficulties and we are sorry about that, but as I have explained, we must punish you for your failure to comply with the order, and we hope that the fine will be paid in short order. It must in any event be paid within one week.

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