Jersey Unreported Judgments

[2007]JRC002

ROYAL COURT

(Samedi Division)

5^th January 2007

The Attorney General

-v-

Suna Miah

Sentencing by the Inferior Number of the Royal Court, following guilty pleas:

First Indictment

Second Indictment

Age:  32.

Plea: Guilty.

Details of Offence:

On 27^th October 2005, Defendant sentenced to probation plus various conditions for 18 months in respect of drug trafficking.  In breach of probation, whilst drunk and being ejected from Chicago Rock Café on 12^th June 2006, he assaulted the manager (Count 1).  Having been ejected, he threw stones at the windows of the premises and caused damage, estimated at £659 (Count 2).  Defendant committed further breach when, on 16^th December 2006, he was drunk and disorderly on licensed premises in Mulcaster Street when the shop assistant refused to sell him alcohol (Second Indictment).  He shouted racist abuse at shop assistant and pulled over DVD display unit, whereupon DVD's were strewn across the floor.  Other members of the public were present.

Details of Mitigation:

Guilty pleas.  On methadone programme.  Attending A&D Service.  Heroin and alcohol addict.   Second child expected soon and wished to be involved.  Was presently in employment.

Previous Convictions:

Appalling record; eleven convictions comprising forty offences, nineteen of which were drug offences.

First Indictment

Conclusions:

Sentence and Observations of Court:

Conclusions granted.

Second Indictment

Conclusions:

Sentence and Observations of Court:

2 months' imprisonment, consecutive to First Indictment.

Breach of Probation

Conclusions:

18 months' imprisonment concurrent to sentences in respect of the first and second indictments, making 18 months' imprisonment in all.

Sentence and Observations of Court:

18 months' imprisonment, concurrent to sentences in respect of the First Indictment, and consecutive to the Second Indictment making a total of 20 months' imprisonment.

S. Sharpe, Crown Advocate.

Advocate P Landick for the Defendant.

JUDGMENT

THE BAILIFF:

1.        The defendant was placed on probation by this Court on 27^th October 2005, and the Deputy Bailiff stated at that time:

"If you breach any of these conditions or fail to comply with the requirements of the Drug and Alcohol Service, or if you do not do what the Probation Service tell you, or if you re-offend, then  you will be brought back here and you will then be sent to prison almost certainly for the present offence as well as anything else.  This is your chance and we hope very much that you will take advantage of it".

2.        The Probation Order has been breached and further offences have been committed both in June 2006 and in December 2006.

3.        In relation to that last offence the Court wishes to state very clearly that it will not tolerate shop keepers, who are doing their job in a responsible way, being subjected to unpleasant, frightening and racial abuse by people under the influence of alcohol.

4.        In mitigation the defendant has pleaded guilty to the Indictments and admitted the breach of Probation.  The Court has read your letter and has read the very good reference which you have obtained from your employer.  We regret that it is necessary to send you to prison, but you leave us with no option.  You have been given every opportunity by the Courts to put your life back on track and you have failed to take those opportunities.  It really is up to you whether you are going to make something of your life or whether you are going to spend it going in and out of custody.

5.        Your Advocate has said everything that could possibly be said on your behalf and said it extremely well. 

6.        The sentence of the Court is as follows.  On the offence for which you were placed on probation in 2005, the importation of heroin, you are sentenced to 18 months' imprisonment.  On the First Indictment, count 1 you are sentenced to 3 months' imprisonment, concurrent and on Count 2, to 3 months' imprisonment, concurrent.  On the Second Indictment Count 1 you are sentenced to 2 months' imprisonment, consecutive making a total of 20 months' imprisonment.

Authorities

AG -v- Miah [2005] JRC 150.