Jersey Unreported Judgments

 2001/63

ROYAL COURT

(Samedi Division)

 

16th March, 2001.

 

 

The Attorney General

-v-

Lisa Marie Lopes.

 

1 count of:	possession with intent to supply a controlled drug, contrary to Article 6(2) of the Misuse of Drugs (Jersey) Law  1978: Count 1:   temazepan.
1 count of:	possession of a controlled drug contrary to Article 6(1) of the Misuse of Drugs (Jersey) Law 1978: Count 2:   heroin
1 count of:	receiving stolen property: Count 3

 

Breach of an 18 month Probation Order ,  with 240 hours Community Service, made by the Royal Court on 22nd September, 2000, [See Jersey Unreported Judgment of that date], following a guilty plea to the following counts:

 

First Indictment

4 counts of:	larceny (counts 1, 5, 6 & 20);
13 counts of:	obtaining goods by false pretences (counts 2, 3, 4, 7, 8, 9, 10, 11, 12, 13, 14, 15 & 16);
3 counts of:	obtaining a meal by false pretences (counts 17, 18 & 19).

 

Second Indictment

6 counts of:	obtaining goods by false pretences (counts 1, 2, 3, 4, 5 & 6);
1 count of:	larceny (count 7).

 

Breach of a Probation Order to expire on 20th March, 2002, with 45 hours' Community Service, made by the Magistrate's Court on 13th October, 2000, following a guilty plea to:

 

1 count of:	possession of a controlled drug contrary to Article 6(1) of the Misuse of Drugs (Jersey) Law  1978:  cannabis.
1 count of:	resisting arrest.

 

Plea:    Guilty; breach of Probation Orders of 2nd September and 13th October, 2000 admitted.

 

Conclusions:

Count 1:	1 month's Youth Detention.
Count 2:	1 month's Youth Detention.
Count 3:	9 months' Youth Detention,  all concurrent.

 

Breach of Probation Order made by Royal Court on 22nd September, 2000:

Probation Order to be discharged; sentence of 15 months' imprisonment on all counts, except for count 7 of the second indictment on which count a sentence of 9 months' imprisonment to be imposed, all concurrent.

Breach of Probation Order made by Magistrate's Court on 13th October, 2000:

Probation Order to be discharged; 2 weeks' Youth Detention on each count, concurrent.

All sentences to run concurrently.

 

TOTAL SENTENCE:  15 months' Youth Detention.

 

Sentence and Observations of Court:

Count 1:	1 month's Youth Detention.
Count 2:	3 months' Youth Detention.
Count 3:	9 months' Youth Detention,  all concurrent.

 

Breach of Royal Court Probation Order of 22nd September, 2000: conclusions granted.

Breach of Magistrate's Court Probation Order of 13th September, 2000: conclusions granted.

 

TOTAL SENTENCE:       15 months' Youth Detention.

 

P. Matthews, Esq., Crown Advocate

            Advocate P. M. Livingstone for the Defendant.

 

 

JUDGMENT

 

 

THE DEPUTY BAILIFF:

1.        Miss Lopes, on the 22nd September of last year you were given a chance by this Court when you were placed on probation, and the Court said at the time that if you were not of good behaviour you would be brought back and you would probably end up being sent to prison.   Well, you have not taken advantage of that opportunity and you are now back before the Court for further offences.

2.        We have listened very carefully to what Mr Livingstone has had to say on your behalf and we have read the reports.  We have also taken into account that you are still only 18 and that therefore Article 4 of the Criminal Justice (Young Offenders) (Jersey) Law 1994 applies to you, but we are satisfied that in view of your failure to respond to non-custodial sentences, there is no alternative but to a custodial sentence on this occasion.

3.        We think the Crown have taken full account of all the mitigation available to you, and therefore we are going to grant their conclusions.   On Count 2, however, we think that for a second offence of possession of drugs, and possession of class A drugs on this occasion,  the correct sentence would be 3 months' Youth Detention.

4.        With regard to the breach of the Royal Court's Probation Order of 22nd September, 2000, on the first indictment: 15 months' Youth Detention on all counts.   On the second indictment: 15 months' Youth Detention concurrent on all the counts of obtaining by false pretences, and 9 months' Youth Detention concurrent on the count of larceny.

5.        For the offences for which you were placed on probation by the Magistrate on 13th October, 2000: 2 weeks' Youth Detention concurrent on each count.

6.        Therefore the total sentence imposed will be 15 months' Youth Detention as moved for by the Crown, and we must tell you that you may be subject to supervision when you are released.   We discharge the Probation Orders.

 

No Authorities.