Jersey Unreported Judgments

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URL: http://www.bailii.org/je/cases/UR/2003/2003_164.html
Cite as: [2003] JRC 164

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[2003]JRC164

ROYAL COURT

(Samedi Division)

18^th September 2003

Before:

Sir Philip Bailhache, Bailiff, and Jurats Le Ruez and Georgelin.

The Attorney General

-v-

Russell John Barton

1 count of:

Breaching an exclusion order, contrary to Article 3(1) of the Licensed Premises (Exclusion of Certain Persons) (Jersey) Law 1998

Age: 32

Plea: Guilty

Details of Offence:

On 28^th March 2003 the defendant had been sentenced to 52 weeks' imprisonment by the Magistrate and a 12 month exclusion order from licensed premises of 1^st, 4^th and 7^th category. On 18^th July 2003 whilst on temporary release from HMP he entered a public house and consumed alcohol. He was spotted by police officers on routine licensing patrol, and arrested and later charged.

Details of Mitigation:

Claimed he had forgotten about the exclusion order and had visited the pub to meet a potential employer who could offer him work as a labourer on a building site. Apologised to the Court. SER suggested an indication of positive changes.

Previous Convictions:

Appalling record of 23 convictions with 49 offences

Conclusions:

Count 1:

3 month imprisonment, consecutive to current sentence

Sentence and Observations of Court:

Count 1:

2 month imprisonment, consecutive to current sentence

Mrs S. Sharpe, Crown Advocate.

Advocate K. Berry for the defendant.

JUDGMENT

THE BAILIFF:

1. Barton, you were on temporary release from the prison and you had therefore been trusted to behave yourself and to comply with your obligations. You breached that trust of the Prison Governor. You knew that you were not allowed to go into a public house during the period of the exclusion order but you did so and if you ignore Court orders in that way and breach the trust placed in you by the Prison Governor then I am afraid you must expect to be punished.

2. The maximum penalty is one of six months imprisonment. We have read your letter carefully and we accept that the purpose of going into the pub was to seek employment and not to enjoy yourself. And we also accept that you admitted the offence immediately and have pleaded guilty. We feel able to give a little bit more allowance for the mitigating factors than the Crown Advocate has done and so you will be sentenced to two months' imprisonment to run consecutively to the sentence which you are currently serving.

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