Jersey Unreported Judgments

2002/53

ROYAL COURT

(Samedi Division)

1^st March,  2002

The Attorney General

-v-

Andrew Ernest Louis

Breach of 18 month probation order, with 200 hours community service made on 22^nd February, 2002 (see Jersey Unreported Judgment of that date: 2002/43), following guilty pleas to:

Age:     30.

Plea:    Breach admitted.          

Details of Offence:

On 22^nd February 2002, the Royal Court placed Andrew Ernest Louis on probation for a period of 18 months and made a Community Service Order of 200 hours in relation to one count of criminally receiving stolen property and one count of possession of a personal quantity of cannabis.  On 25^th February, 2002 Louis came into the Probation Office and explained that he had left his partner's accommodation as she was imposing too many rules upon his life, that he was without money, that the job that he had been promised had failed to materialise and that he was therefore both homeless and destitute.  Prior to attending upon the Probation Officer Louis had been to Police Headquarters to explain how he found that life was easier in prison.  Louis had requested the police to arrest him but they declined as they had no cause to do so.  Louis told the Probation Officer that he did not wish to sleep overnight at the Shelter or stay with family or friends.  The Probation Officer offered to finance Louis for one week in bed and breakfast accommodation (pending welfare taking over) and Louis was instructed to attend at the Tourism Office to find out about Guest House vacancies.  A further appointment was arranged later that same afternoon so that Louis could report back to his Probation Officer following his visit to the Tourism Office.  Louis was able to secure accommodation and when he returned the Probation Officer was told that a cheque for his stay at the Guest House would be available the following morning.  Louis became agitated as he was concerned that there would be difficulties in his staying at the Guest House if he were not able to produce a cheque (or cash) that evening.  He said that he wanted to be arrested and told the Probation Officer to call the police and to leave the office before he (Louis) caused some damage.  The Probation Officer, fearing for his own personal safety, left the office and the police were called.  When the police arrived Louis refused to leave the building and he was arrested.  He was clearly agitated.  Louis was presented before the Magistrate's Court on 26^th February, 2002 and fined £100 for breach of the peace relating to the above incident.  On 1^st March, 2002 Louis admitted having breached the terms of the Probation Order in relation to the above events.  On 27^th February, 2002 Police received a complaint from Mr Richard Edward Manning that Louis had approached him in town and intimidated him.  In the Court on 1^st March, 2002 Louis stated that Manning had in fact approached him.  The question of what, if anything, was said was not before the Court on 1^st March, 2002.

Details of Mitigation:

Breach admitted. Apologies to Probation Staff and to the Court.  Louis was in a predicament unable to see more than a few minutes ahead.  He became agitated because he felt that he had lost control of events.  Genuine desire to break cycle of offending.

Conclusions:

If Louis is able to persuade the Court that he is genuinely motivated to continue the Order and to apologise to the Probation Staff, then the Crown will move that the Probation and Community Service Order continue (but subject to further condition that Louis not communicate directly or indirectly with Richard Edward Manning.

Sentence and Observations of Court:

Court allows Probation Order made on 22^nd February,2002 and the Community Service Order to stand.  The Probation Order is however subject further to a further condition that Louis does not communicate directly or indirectly with Richard Edward Manning.

P. Matthews, Esq., Crown Advocate.

Advocate R.G.S. Fielding for the Defendant.

JUDGMENT

THE COMMISSIONER:

1.        You have got to have a go at trying to right yourself because otherwise you will spend the rest of your time in and out of prison.   You realise that?  We are going to give you a chance; we are going to renew the probation order but if you fail this time you must realise the consequences.   I know prison holds no fears for you but we do not want that to happen.  

2.        And, of course, you are to have no contact whatsoever with Mr. Manning.   Is that understood?   If he contacts you, walk away; if he 'phones you up put the phone down.

No Authorities