Jersey Unreported Judgments

[2004]JRC063

ROYAL COURT

(Samedi Division)

2nd April 2004

The Attorney General

-v-

AKK

Breach of an 18 months' Probation Order, made by Royal Court on 3^rd December, 2003 (See [2003]JRC224), following a Guilty plea to 1 count each of: of breaking and entering, taking and driving away a motor vehicle, and driving whilst disqualified and driving uninsured.

Age:     17

Plea:    Guilty, breach admitted.

Details of Offence:

The defendant damaged a door at St Mark's Hostel estimated at £50 and caused such a disturbance that he was escorted off the premises by police officers.  Three days later the defendant caused another disturbance at St. Mark's Hostel necessitating the police to be called.  The defendant had left the premises but was found and arrested outside the A&E Department at the General Hospital.  The case had been committed to the Royal Court because the defendant was in breach of a Royal Court 18 months' Probation Order imposed on 3^rd December, 2003.

Details of Mitigation:

Relationship with St. Mark's Hostel had clearly broken down.  He was suffering side effects of prescribed drugs to enable him to overcome his illicit drug addiction.  Now residing at Margaret House and behaviour much improved.  Difficult and disruptive childhood but current support of  his mother who was in Court.

Previous Convictions:

Seven convictions comprising 19 offences involving offences against the person, theft, public disorder, offences relating to police/court/prison, possession of an offensive weapon and miscellaneous offences.

Conclusions:

Compensation Order of £50, to be paid within 2 months of Defendant's obtaining employment or 1 week imprisonment in default of payment.

Probation Order to continue.

Sentence and Observations of Court:

Conclusions granted.

Mrs S Sharpe, Crown Advocate.

Advocate M.J. Haines for the Defendant.

JUDGMENT

THE BAILIFF:

1.        AKK you have had a hard start to life and we want you to know that we understand that and we understand why you are angry about things; but what is important is that you learn to control that anger and find some proper and appropriate means of getting rid of it.  Mr Jordan and indeed others will help you with that, but it is something that you must be prepared to accept and something which you must be prepared to work at yourself.  We think you can do that and we want you to do that, but I have to warn you that if you continue to behave in this kind of aggressive way then you are getting very close to the stage where we are going to have to impose custodial sentences.

2.        We are going to continue the Probation Order for 18 months and we will order you to pay compensation as suggested by the Crown Advocate in the sum of £50.  You will pay that within two months of getting a job, and if you fail to pay that then you will have youth detention for a period of 1 week.

Authorities

A.G. -v- James & Ors [2003]JRC224.