Jersey Unreported Judgments

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Cite as: [2002] JRC 44

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2002/44

ROYAL COURT

(Samedi Division)

22^nd February 2002

Before:

Sir Philip Bailhache, Bailiff, and

Jurats Le Ruez and Quérée

The Attorney General

-v-

Matthew John Haynes

Breach of a two year probation order with 180 hours' community service, made by the Royal Court on 27^th July, 2000, when the Defendant appeared with eleven co-accused and pleaded guilty to the following charges in the two indictments laid against him and others:

FIRST INDICTMENT:

7 counts of:	Knowing a motor vehicle had been taken and driven away without owner's consent, allowed himself to be carried in it, contrary to Article 28(1) of the Road Traffic (Jersey) Law, 1956, as amended (counts 1A, 16A, 19A, 22A, 28A, 40A, 51A);
1 count of:	Driving a motor vehicle whilst being disqualified by virtue of age, contrary to Article 13(1) of the Road Traffic (Jersey) Law, 1956, as amended (count 20);
1 count of:	Using a motor vehicle uninsured against third party risks, contrary to Article 2(1) of the Motor Traffic (Third Party Insurance) (Jersey) Law, 1948, as amended (count 21);
1 count of:	Malicious damage (count 54);
1 count of:	Attempted larceny (count 55).

SECOND INDICTMENT:

1 count of:	Knowing a motor vehicle had been taken and driven away without owner's consent, allowed himself to be carried in it, contrary to Article 28(1) of the Road Traffic (Jersey) Law, 1956, as amended (count 1A);
1 count of:	Receiving stolen property (count 8);
2 counts of:	Taking and driving away a motor vehicle without the owner's consent or other lawful authority, contrary to Article 28(1) of the Road Traffic (Jersey) Law, 1956, as amended (counts 10, 39);
2 counts of:	Driving without a licence, contrary to Article 3(1) of the Road Traffic (Jersey) Law, 1956, as amended (counts 11, 40);
2 counts of:	Using a motor vehicle uninsured against third party risks, contrary to Article 2(1) of the Motor Traffic (Third Party Insurance) (Jersey) Law, 1948, (counts 12, 41).

Age: 21 (18 when sentenced).

Plea: Guilty.

Conclusions:

Discharge Probation Order made on 27^th July, 2000, and replace with a new 12 month Probation Order and a Community Service Order of 50 hours (additional 20 hours being added to the remaining 30 hours to 'punish' Haynes for the breach of the terms of the original Probation Order).

Sentence and Observations of Court:

Probation Order discharged and replaced by a new 12 month Probation Order and a Community Service Order for 30 hours. The Court stated that it was contemplating a sentence of two months' imprisonment in respect of the breach of terms for the original Probation Order.

P. Matthews, Esq., Crown Advocate.

Advocate M.L. Preston for the Defendant.

JUDGMENT

THE BAILIFF:

1. Haynes, stand up, please. When the Court makes an order whether it is for probation, or for community service, the Court expects that order to be complied with and you must understand that if you do not comply with an order of the Court there will, almost inevitably, be consequences.

2. We have listened very carefully both to what the Crown Advocate has said and to what your counsel has said on your behalf and we accept that you have performed most of the community service which you were ordered to do and that at the early stage of the probation order you were, indeed, complying with all the obligations in what seems to have been a model way. Because of those factors we are prepared to accept that the punishment, if I may put it that way, for your failure to comply with the Court order can be limited. We are not going to extend the hours of community service, but we are, however, going to impose a new probation order so that you will be liable to the discipline of a probation order for another twelve months.

3. We are going to revoke the probation order and community service order imposed on 27^th July, 2000. We will substitute a probation order of 12 months to start from today so that you must, for another 12 months, live and work as directed by your probation officer, and be of good behaviour during that time. In addition, we order you to perform 30 hours' community service, that is to say to complete the order which the Court imposed 18 months' ago. We have to tell you that, had we not imposed an order for community service, we would have imposed an order for 2 months' imprisonment.

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