Jersey Unreported Judgments

[2004]JRC165

ROYAL COURT

(Samedi Division)

 

17^th September, 2004

 

 

The Attorney General

-v-

L.I.M.

 

 

 

1 count of:	Malicious damage (Count 1).
1 count of:	Breaking and entering and larceny (Count 2).

 

Breach of a 12 months' Probation Order made by Royal Court on 5^th November, 2003, [2003]JRC199, q.v.

 

Age:     13.

 

Plea:    Guilty; breach admitted.

 

Details of Offence:

Count 1: Defendant jumped up and down on boy's bicycle damaging to such an extent it could not be repaired.

Count 2: Defendant and another broke into a store and stole alcohol, cigarettes and sweets.

 

Details of Mitigation:

Age, dysfunctional family, which had led to a Care Order in May, 2002; excessive abuse of alcohol, cigarettes and substances.  Showed little concern for the impact of his offending on others.

 

Previous Convictions:

Eight previous convictions comprising 29 offences, latterly being placed on Royal Court probation on 5^th November, 2003, for 12 months.

 

 

Conclusions:

Defendant too young to be detained; would not agree to a Probation Order; a fine inappropriate; Defendant to be bound over for 15 months to be of good behaviour until his fifteenth birthday, with all previous Probation Orders discharged.

 

 

Sentence and Observations of Court:

Conclusions granted.

 

 

 

Mrs S. Sharpe, Crown Advocate.

Advocate M.J. Haines for the Defendant.

 

 

 

JUDGMENT

 

 

 

THE COMMISSIONER:

1.        You appeared before this Court on 5^th November, 2003, with a string of offences.   You are out of control and I have to tell you this; if you were fifteen you would go into youth detention and your feet would not even touch the ground.

2.        The Deputy Bailiff remarked at that time on the deplorable situation that there is no secure accommodation in Jersey for people like you.   Perhaps one day the Home Affairs Committee will do something about it.  Until that time we cannot do anything with you.  That is frustrating and immensely worrying,  

3.        You may think you are in charge of the situation, but I have got to tell you this: with your record when you are fifteen - and that is not far away - just at a time when you should be getting to know about life and beginning to enjoy yourself, you are going to spend your time in youth detention which is not very funny.

4.        Mr Kennedy feels that he can do something with you.   That is encouraging.  Not many people get this opportunity.  There are only two beds available at Greenfields.  Work with him and try and sort yourself out.  If you do not, you will be in real trouble - you do not know what real trouble is until you come back here when you are fifteen. 

5.        You are doing well at the moment, keep it going.  You are going to be bound over to remain of good behaviour for the next 15 months.

Authorities

A.G. -v- C.T.K., L.I.M., J.C. [2003]JRC199.

Criminal Justice (Young Offenders) (Jersey) Law 1994: Articles 4, 5, and 9.