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Cite as: [2004] JRC 186

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[2004]JRC186

ROYAL COURT

(Samedi Division)

29^th October 2004

Before:

F.C. Hamon, Esq., O.B.E., Commissioner, and Jurats Bullen and Clapham.

The Attorney General

-v-

John Sebastian Nicolle

1 count of:	Breach of the peace (Count 1).
1 count of:	Resisting arrest (Count 2).

Breach of a 2 year Probation Order made by Royal Court on 26^th March, 2004: [2004]JRC057.

Age: 31.

Plea: Guilty.

Details of Offence:

Whilst drunk threatened a bystander who had called the police for assistance. Later resisted arrest by Police Officer. Offences occurred late at night in residential area.

Details of Mitigation:

Defendant had just received news of his sister's overdosing on drugs. Defendant had made good progress since last Royal Court appearance in March, 2004; now has accommodation and employment.

Previous Convictions:

17 drugs offences, assault, dishonesty offences.

Conclusions:

70 hours Community Service Order; 26^th March, 2004, Probation Order to continue.

Sentence and Observations of Court:

Conclusions granted.

R.G. Morris, Esq., Crown Advocate.

Advocate C.M. Fogarty for the Defendant.

JUDGMENT

THE COMMISSIONER:

1. On 26^th March, 2004, we put you on probation, and told you in no uncertain terms that if you broke the terms of the Probation Order and were brought back here, there was an even chance that you would be going into custody.

2. You will no doubt recall that, on that occasion, the Crown recommended, on the three counts on which you were indicted, that you should serve a total sentence of 20 months' imprisonment. We took a risk and you are now back before us for two new offences.

3. The Crown has been persuaded by the Probation Report and by the letters filed on your behalf, not to recommend a prison sentence. We have taken some time to carefully consider all the papers and we agree.

4. Rather than sentence you to 2 months' imprisonment on the latest indictment, you are going to serve a Community Service Order of 70 hours, concurrent on each count.

5. You have done your best; your last drug analysis that Advocate Fogarty has shown us is good; but you know you must still improve.

6. We understand that the terms of the Community Service Order have now been explained to you and that you have agreed to them, but I have to say this: be careful because our patience is not inexhaustible. The Probation Order will continue.

Authorities

A.G. -v- Nicolle [2004]JRC057.