Jersey Unreported Judgments

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URL: http://www.bailii.org/je/cases/UR/2004/2004_034.html
Cite as: [2004] JRC 034, [2004] JRC 34

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[2004]JRC034

ROYAL COURT

(Samedi Division)

20^th February 2004

Before:

M.C. St. J. Birt, Esq., Deputy Bailiff, and Jurats de Veulle, and Georgelin.

The Attorney General

-v-

Shane Luke O'Shea

1 count of:

Obtaining money by false pretences (Count 2).

1 count of:

Possession of controlled drug, contrary to Article 6(1) of the Misuse of Drugs (Jersey) Law, 1978.

Count 3: cannabis resin.

[On 27^th January 2004, the Defendant was found Not Guilty by a Jury at a criminal assize on Count 1 of the Indictment].

Age: 19.

Plea: Guilty.

Details of Offence:

Defendant threatened a youth, "DeG", and demanded to be paid £80.00 for an alleged drugs debt. DeG's friend, another youth, "C", arranged to borrow £40.00 from a friend to lend to DEG towards his debt. Before C lent the money, DEG paid £80 to the defendant. However, the defendant told C that the debt had not been paid. C handed over £40.00 to the defendant. Both DeG and C had been frightened by the defendant. The jury acquitted the defendant of robbing DeG of £80.00 (count 1). He pleaded guilty to obtaining £40.00 from C by false pretences (Count 2). Count 3 - the defendant was found in possession of two small pieces of cannabis weighing a total of 324 mg wrapped in cigarette paper.

Details of Mitigation:

Guilty please to counts 2 and 3. No premeditation re Count 2: defendant availed himself of an opportunity that presented itself. Had served equivalent of 8 months 11 days o remand in custody.

Previous Convictions:

8 convictions comprising 15 offences, including 6 drug offences.

Conclusions:

Count 2:	3 months' youth detention.
Count 3:	1 month's youth detention, consecutive.

Compensation order to "C" in the sum of £40.

Sentence and Observations of Court:

Conclusions granted; £40 compensation or 1 week's youth detention in default of payment, to be paid at £5 per week.

Mrs S Sharpe, Crown Advocate.

Advocate M.J. Haines for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1. Your counsel has not opposed the conclusions and we are therefore going to grant them. You have, of course, spent a period in excess of that on remand and this will therefore mean your immediate release. Taking account of all the circumstances the sentence is as moved for by the Crown, namely 3 months' youth detention on the count of obtaining by false pretences; 1 month's youth detention for the possession of cannabis, consecutive, making a total of 4 months' youth detention.

2. We are satisfied that, in view of your previous failure to respond, that is appropriate under Article 4 of the law. We think you should pay a compensation order. You took £40 from this young man which you should not have done and, therefore, you must repay it. We make a compensation order in the sum of £40, with a period of one week in default, and we order that you pay that at £5.00 a week, which is the amount you said you could afford.

3. We hope very much that you can maintain your current progress. If you can keep off the heroin there is much good in you and we hope that you will not appear before the Courts again. If you start taking the heroin again we expect that we will see you. We order the forfeiture and destruction of the drugs. In view of the period that we have imposed you will not be subject to supervision.

Authorities

Criminal Justice (Young Offenders) (Jersey) Law 1994: Article 4.