Jersey Unreported Judgments

 [2003]JRC217

ROYAL COURT

(Samedi Division)

 

27^th November, 2003

 

 

The Attorney General

-v-

Ryan Mark Powell

 

1 count of:	being drunk and disorderly (count 1)
1 count of:	resisting police officers in execution of their duty (count 2)
1 count of:	assault (count 3)
1 count of:	assault (count 4)

 

Age:     20.

 

Plea:    Guilty.

 

Details of Offence:

(Counts 1 and 2).  On 15^th March 2003 the defendant was drunk in the area of the Weighbridge, swore repeatedly at Police Officers and when asked to move on, continued to be abusive and threatening.  He was arrested, but pulled away from the arresting officer and eventually had to be restrained on the floor.  These offences placed him in breach of a six month probation order, imposed by the Magistrate in November 2002 for similar offences, namely public order.  Defendant had previously breached this November probation order in January 2003, when he had appeared in the Magistrate's Court, again for being drunk and disorderly and resisting arrest.  The Magistrate fined him, but allowed the probation order to continue.  He was barred from entering licensed premises.  A Representation was brought in the Magistrate's Court on 17^th March, alleging breach of the November probation order, following charges having been put to him on 15^th March 2003.  Defendant was remanded pending his further appearance on 31^st March 2003 for the preparation of updated social enquiry reports.  However, before this date, on 28^th March 2003 the defendant committed two assaults whilst drunk and in the area of the Weighbridge.  (Counts 3 and 4).  He and a co-accused had been charged with grave and criminal assaults upon two males.  Defendant and co-accused were acquitted at Assize trial, but defendant had offered Crown a guilty plea to common assault at the commencement of the Assize, which was not accepted by the Crown.  (His plea had also been offered but refused in the Magistrate's Court.)  Prosecution sentenced on basis of defendant's version, namely that he punched one of the males once in the face and punched the other male twice in the face with reasonable force.

 

Details of Mitigation:

Guilty plea, youth, remorse, had been excluded for 8½ months from licensed premises by the date of sentencing and under curfew.

 

Previous Convictions:

5 convictions involving 12 offences, almost all alcohol related.

 

Conclusions:

I year Probation Order with condition of treatment by Alcohol and Drug Service.

Exclusion Order from all licensed premises other than shops selling food for 6 months.

 

 

Sentence and Observations of Court:

I year Probation Order.

90 hours' Community Service Order (equivalent of 3 months' Youth Detention): 3 months' Exclusion Order from all licensed premises except off-license premises.

 

 

Mrs S. Sharpe, Crown Advocate.

Advocate D. Cadin for Defendant.

 

 

 

JUDGMENT

 

 

THE DEPUTY BAILIFF:

1.        On 4^th November, 2002 you were put on probation for drunk and disorderly behaviour and resisting arrest but you breached that probation on 27^th January 2003, when for similar offences you were fined and your Probation Order continued. 

2.        Now you are before this Court for two further breaches of your Probation Order: 15^th March, drunk and disorderly again and resisting police officers and then 28^th March, whilst on bail, you commit these two assaults.  One punch in one case and two punches in the other and the Court notes, in fact, that you also breached your curfew on two occasions.

3.        In the light of all this offending the Court has considered whether the time has come to send you to Youth Detention.  You cannot go on like this.  You have come very close to it.  This sort of behaviour is quite unacceptable and if you carry on behaving like this you will go to Youth Detention.

4.        But the Court has noted that you have made great efforts since March to try and deal with your drink problem which we think is at the root of your offending.  When drunk you become aggressive and unpleasant and you get yourself into trouble.  When you are sober you are a responsible member of the community.  You are working now, which is good, and we are also pleased to see that you are appreciating the support your parents are giving you.  We have recommendations from the Probation Service and from the Drug and Alcohol Service that the best hope of preventing you from re-offending is to try and deal with your drinking problem by means of a Treatment Order.

5.        Bearing in mind your age, and the fact that you therefore come within Article 4 of the 1994 law, the delay in this case, which we appreciate means it has been hanging over you for some time and all the other matters referred to in the reports and matters put forward very ably by your advocate, we are persuaded that we can proceed without sending you to Youth Detention this time.

6.        We are going to impose a Probation Order of one year with a condition that you undergo treatment from the Drug and Alcohol Service as directed by them.  But we think that we must reflect the seriousness of what happened by also imposing a Community Service Order; this will mean you will be punished in the sense that you will have to work in order to reflect what has happened.  We think that the right sentence of Youth Detention, if it had been imposed, was three months' imprisonment, therefore we will impose ninety hours' of Community Service.

7.        So you must understand, if you breach any of the conditions: if you do not turn up for the Probation Officer or if you re-offend or if you do not perform the community service, you will be brought back to this Court and the chance that we are giving you will then have been wasted.

8.        Finally as to an Exclusion Order, we have listened carefully to what Mr Cadin has said.  We think there is something in it and we accept that you have, in effect, already served an Exclusion Order whilst on bail.  Nevertheless we think it is right to prolong it for a short period.  So we are going to make an Exclusion Order for three months from all licensed premises except off-licences and that will give you time thereafter, whilst the Probation Order is still going, to get back slowly and carefully, we hope, into going out and drinking only a moderate amount with your friends.

Authorities

Whelan: Aspects of Sentencing in the Superior Courts of Jersey (2^nd Ed'n): paras 826-35.

Norris -v- A.G. (28^th September, 1992) Jersey Unreported: [1992/169].

Mallet -v- A.G. (24^th May 2000) Jersey Unreported; [2000/87].