Jersey Unreported Judgments

You are here: BAILII >> Databases >> Jersey Unreported Judgments >> AG -v- Nicolle [2005] JRC 037 (01 April 2005)
URL: http://www.bailii.org/je/cases/UR/2005/2005_037.html
Cite as: [2005] JRC 037, [2005] JRC 37

[New search] [Help]

[2005]JRC037

ROYAL COURT

(Samedi Division)

1^st April, 2005.

Before:

Sir Philip Bailhache, Bailiff, and Jurats Tibbo and Newcombe.

The Attorney General

-v-

John Sebastian Nicolle

Breach of a two year probation order made in the Royal Court on 26^th March, 2004, (vide: [2004]JRC057) on a guilty plea to Counts 1 and 3 below, and following conviction on 5^th February 2004 at a criminal assize on a not guilty plea to Count 2A. (The Defendant was found not guilty on Count 2).

1 count of:

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

(Count 1: Cannabis).

1 count of:

Aided, assisted or participated in the attempted breaking and entry with intent.

(Count 2A).

1 count of:

Having in a public place a prohibited weapon contrary to Article 33 (1) (b) of the Firearms (Jersey) Law, 2000.

(Count 3).

Conclusions:

Count 1:	1 month's imprisonment.
Count 2A:	18 months' imprisonment.
Count 3:	1 month's imprisonment.

Sentence and Observations of Court:

Count 1 and 3:	1 month's imprisonment.
Count 2:	12 months' imprisonment, concurrent.

Discharge of Probation Order and Community Service Order.

C.M.M. Yates, Esq., Crown Advocate.

Defendant on his own behalf.

JUDGMENT

THE BAILIFF:

1. The Court has given you two opportunities. As the Crown Advocate has rightly said you have not taken advantage of those opportunities, because you have failed to comply with the Community Service Order, and indeed with the Probation Order.

2. We have no option but to agree with the Crown Advocate that these orders should be revoked and that a custodial sentence should be imposed.

3. We are going to take account of the fact that you were on remand for a short period in 2003 and that you were under a curfew for a period of 11 months as you have told us, which was an imposition on your liberty. We are accepting your statement that you complied with that curfew during that time. We also take account of the fact that these matters happened some time ago.

4. We have also taken into account the matters which you placed in your written statement, which you handed up to us, and to the other matters to which you referred while you were speaking in mitigation. Taking all those matters into account we are going to reduce the conclusions and you will be sentenced on Count 1 of the indictment, for which you were placed on probation, to 1 month's imprisonment; on Count 2 to 12 months' imprisonment; on Count 3 to 1 month's imprisonment, all those sentences to be concurrent. We will make no further order in respect of the offences for which you were ordered to perform community service and the sentence of the Court is, therefore, that you will serve a total of 12 months' imprisonment.

No Authorities