Jersey Unreported Judgments

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Cite as: [2007] JRC 100

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[2007]JRC100

ROYAL COURT

(Samedi Division)

11^th May 2007

Before :

M. C. St. J. Birt, Esq., Deputy Bailiff, and Jurats Tibbo and Le Cornu.

The Attorney General

-v-

Scott Robert Harben

Sentencing by the Inferior Number of the Royal Court, following a guilty plea to the following charge:

1 count of:

Breach of Community Service Order of 23^rd March, 2007.

Conclusions:

Count 1:

4 months' imprisonment

Sentence and Observations of Court:

Community Service Order discharged. New Order, 80 hours on Counts 1 and 2, of original Indictment, and 80 hours on last breach. Total 160 hours Community Service Order.

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

Advocate P. S. Landick for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1. We accept that there was not an intention to deliberately flout the Court's order, but nevertheless this was quite irresponsible behaviour on your part. You knew the Court proceedings were coming up, you had been in touch with the office, you should, without doubt, have got their permission to leave.

2. Nevertheless in all the circumstances we don't think it is necessary to send you to prison, so we are not going to do that. On the other hand we do think it right to mark your failure by increasing your punishment a little. So what we are going to do is discharge the existing community service orders and we are going to add a total of 20 hours to mark your failure. So we now impose new community service orders of 80 hours for the two Counts for which you were before the Court last time, and 80 hours for the offences for which you were in breach last time, making a total of 160 hours community service. You must understand Mr Harben that you have had several chances now, so you must perform this work to the letter. You must turn up exactly when you are expected to, work hard and fulfil the order completely because if you are brought back again then you really are at very high risk of being sent to prison.

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