Jersey Unreported Judgments

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Cite as: [2002] JRC 111

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2002/111

ROYAL COURT

(Samedi Division)

31^st May 2002

Before:

Sir Philip Bailhache, Bailiff, and Jurats de Veulle, and Allo.

The Attorney General

-v-

Paul Michael Stephens.

Breach of an 18 month probation order, with attendance at a SMART course, made on 7^th December, 2001, (see Jersey Unreported Judgement of that date), following an admitted breach of a 1 year Probation Order, with 180 hours' community service, made by the Royal Court on 8^th December 2000 (see Jersey Unreported Judgement of that date), following a guilty plea to:

1 count of:

Supplying a controlled drug contrary to Article 5 (b) of the Misuse of Drugs (Jersey) Law 1978.

Count 1: MDMA .

1 count of:

Possession of a controlled drug, contrary to Article 6 (1) of the Misuse of Drugs (Jersey) Law 1978.

Count 2: cannabis resin.

Age: 22.

Plea: Breach admitted.

Conclusions:

Probation order to be discharged; 12 months' imprisonment.

Sentence and Observations of Court:

Probation order to be discharged; following sentence substituted.

Count 1:

6 months' imprisonment.

Count 2:

1 months' imprisonment, concurrent.

Total: 6 months' imprisonment.

Mrs S. Sharpe, Crown Advocate.

Advocate A. P. Roscouet for the accused.

JUDGMENT

THE BAILIFF:

1. Stephens, we have read all the letters that you have placed before us. We have studied all the reports by the consultants which have been prepared and given all those matters every consideration. The fact remains that the Court has given you every possible chance to comply with its orders and to conduct yourself in accordance with the rules which have been laid down by the probation service and by others and you have not complied with those orders. As the Court said to you on 7^th December last year, when giving you a further opportunity:

"The Court has a certain amount of patience but its patience is not limitless. This is your last chance to do as you are told."

2. Now we accept, having read the reports and having read the letters which you have placed before us and listened to your counsel, that you have made some progress and we believe that you are beginning to see the error of your ways and we do want to encourage you along that path because we think that you have the capacity to make something of your life. We are therefore going to make some further allowance, a greater allowance than was made by the Crown Advocate in her conclusions, but we must punish you for the offences which you have committed. The sentence of the Court is that we will discharge the probation order and we will sentence you on count 1 to 6 months' imprisonment; on count 2 to 1 month's imprisonment, concurrent, making a total of 6 months' imprisonment and we hope that when you have served that sentence you will come out and you will make something of your life.

Authorities

AG -v- Stephens (27^th February 1998) Jersey Unreported; [1998/44]

AG -v- Gouveia (1^st December 2000) Jersey Unreported; [2000/239]