Jersey Unreported Judgments

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Cite as: [2002] JRC 175

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2002/175

ROYAL COURT

(Samedi Division)

27^th September 2002

Before:

M.C. St. J. Birt, Esq., Deputy Bailiff and Jurats Le Brocq and Georgelin.

The Attorney General

-v-

Andrew Ernest Louis

Breach of an 18 month Probation Order (in relation to count 2, below) on usual conditions and subject to the following additional conditions:

1. that Louis attend and participate in SMART course as directed by Probation Officer;

2. that Louis attend the Alcohol and Drugs Advisory Service for a period of 12 months;

3. that Louis abstain from all illegal and non-prescribed controlled drugs;

4. that Louis comply with the treatment set by the Alcohol and Drugs Advisory Service and is subject to random testing for drugs as required by that Service, or as directed by the Probation Officer; and of

a 200 hours Community Service Order (in relation to count 1, below), both Orders made on 22^nd February, 2002 (see Jersey Unreported Judgment of that date) following guilty pleas to:

1 count of:

Receiving stolen property (count 1);

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: 30.

Plea: breach admitted.

Previous Convictions:

Numerous.

Conclusions:

Discharge of Community service order: 18 months' imprisonment to be substituted.

Sentence and Observations of Court:

Community service order to remain in place, extended by 6 months.

C.M.M. Yates, Esq., Crown Advocate.

The Defendant on his own behalf.

JUDGMENT

THE DEPUTY BAILIFF:

1. The consequence of such a breach, usually, is that the Court sends people to prison. You understand that? The only thing that prevents us doing so on this occasion is that this really does seem to be a turning point in your life.

2. We are impressed with the way you have responded to the Probation Order, attending the SMART course, the Drug and Alcohol Advisory Service and so forth. We are equally pleased that you now have employment at which you appear to be successful and we earnestly hope that you will keep that employment, turn up for it, and continue to give good service to your employer, because if you have employment that is half the battle.

3. In the light of this we are going to take the exceptional step of not revoking your community service and sending you to prison. You must, however, still do the community service; that is what the Royal Court ordered and therefore you must do it, but we will extend the period by 6 months so that you can do it at the rate that you have told us. In other words 5 hours a weekend, Saturday one week, Sunday the other; this will still enable you to do overtime for your employer. But, I stress, you must do the community service.

4. You must realise that if you "mess it up" this time the Court will then be left with no option. It is leaning over backwards to try and help you on this occasion; if you come back before us it is hard to see any alternative to prison, and the whole vicious circle will start all over again. So it is up to you Mr Louis.

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