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Cite as: [2003] JRC 154

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[2003]JRC154

ROYAL COURT

(Samedi Division)

5^th September 2003

Before:

M.C. St. J. Birt, Esq., Deputy Bailiff, and Jurats Bullen and Clapham.

The Attorney General

-v-

Andrew Ernest Louis

Breach of a 12 month Probation Order, made by the Royal Court on 17^th January, 2003 (See [2003]JRC016), following a guilty plea to:

1 count of:	Receiving, hiding or withholding stolen goods (count 4).
1 count of:	Larceny (count 5)..

[Other counts relate to a co-defendant].

Breach of a 200 hour community service order, made on 22^nd February, 2002, (and subsequently breached on 1^st March, and in September, 2002, when the Royal Court ordered that it continue, together with an 18 month probation order also made on 22^nd February, 2002, and breached again on 17^th January, 2003, when the Court discharged the probation order, but directed that the community service order continue) on a guilty plea 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: 31

Plea: breaches of probation order and of community service order admitted.

Conclusions:

Breach of a 12 month Probation Order, made by the Royal Court on 17th January, 2003:

Count 4:	3 months' imprisonment.
Count 5:	3 months' imprisonment, concurrent.

Breach of 200 hour community service order, made on 22nd February, 2002:

Count 1:	9 months' imprisonment.
Count 2:	2 weeks' imprisonment, concurrent, but consecutive to sentence passed for breach of 17^th January, 2003 Probation Order.

Sentence and Observations of Court:

Conclusions granted.

A.D .Robinson, Esq., Crown Advocate.

The Defendant appeared on his own behalf.

JUDGMENT

THE DEPUTY BAILIFF:

1. You have been given every chance by this Court. In February, 2002, you were placed on probation with 200 hours Community Service. You breached it twice but it was allowed to stand. Then in January, 2003, for further offences, you were exceptionally given a further chance and a new Probation Order was made and the Community Service Order was allowed to stand; you were told by the Court that you were running out of chances.

2. Unfortunately from about March onwards, you simply did not report to your Probation Officer and you did not carry out any community service. It appears you left the Island returning only in July and even then you did not apparently contact the Probation Service. There really is no alternative to prison.

3. The Court has listened to the comments you have made and we take into account the fact that you pleaded guilty to all these offences, that some of them are old offences and that until you left you were making positive progress under the auspices of the Probation Department.

4. We think that the Crown's conclusions make adequate allowance for all these and for the Community Service you carried out. So we grant the conclusions, namely, on the First Indictment, 9 months' imprisonment in respect of count 1; and 2 weeks' concurrent in respect of count 2. On the Second Indictment, 3 months' imprisonment concurrent on each count, but consecutive to that on the First Indictment making 12 months' in all and we discharge the Probation Order and the Community Service Order.

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