Jersey Unreported Judgments

[2004]JRC042A

ROYAL COURT

(Samedi Division)

12^th March, 2004

The Attorney General

-v-

Serge André Le Moellic

Breach of an 18 months' probation order, made by the Royal Court on 15th February, 2002, (q.v.) with conditions that Le Moellic: 1. attends Alcohol and Drugs Advisory Service for a period of 12 months as required by that Service; 2. complies with treatment goals set out by the Alcohol and Drugs Advisory Service and takes the opiate blocking drug 'Naltrexone' after becoming opiate free; 3. attends all appointments and referrals made on his behalf by the Probation Officer; and 4. abstains from illegal and non-prescribed controlled drugs and agrees to be subject to random analysis as required by the Alcohol and Drugs Advisory Service, following a guilty plea to :

[On 18^th January, 2002, the Crown withdrew count 1].

Age:     26.       

Plea:    Breach admitted.

Conclusions:

Sentence and Observations of Court:

Mrs. S. Sharpe, Esq., Crown Advocate.

Advocate C.M. Fogarty for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        On the 15^th February, 2002, the Court gave you a chance.  It placed you on probation for 18 months for possession of some 9.4 grams of heroin and small amounts of ecstasy and cannabis.  All went well until September, 2002.  You completed the SMART course, you were getting good recommendations from the Probation Service and indeed they were even thinking of discharging it earlier. 

2.        Then in September, 2002, you simply stopped attending at Probation or at the Drug and Alcohol Service.  Your arrest was eventually ordered to bring you back here, but it was not in fact enforced until the 2^nd February, this year. 

3.        The normal consequence for breaching a Probation Order in that way is that you go to prison.  We have been persuaded in this very exceptional case to give you one more chance.  We do that because it is now two years since you were placed on probation and during that time you have kept out of trouble and have in addition, complied with part of the Probation Order to such an extent that they thought of discharging it early. 

4.        You have been working and you are strongly supported by your employer and that has helped you.  You should be grateful to him for the support he has given you.  All in all, given that you have spent two months in custody now, following your arrest, we think it would not be right to send you back to prison at this stage after the progress you have made in the last two years.  But you must be punished, so we are going to impose a sentence of 180 hours community service, on count 2; and 40 hours community service concurrent on the others; making a total of 180 hours community service. 

5.        You will have to undertake this at weekends so it will not prevent your working.  If it does clash with your work in any way you must speak to the Community Service organisers.  You must do this work and if you re-offend or if you do not turn up, you will be arrested and the next time you will undoubtedly go to prison.  This is your final chance, but we are satisfied that it is the right thing to do.

Authorities

A.G. -v- Le Moellic (15^th February 2002) Jersey Unreported; [2002/42].

A.G. -v- Langley (15^th October, 1999) Jersey Unreported; [1999/175].

A.G. -v- Langley (24^th November, 2000) Jersey Unreported' [2000/236].