Jersey Unreported Judgments

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Cite as: [2007] JRC 135

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[2007]JRC135

ROYAL COURT

(Samedi Division)

13^th July 2007

Before :

F. C. Hamon, Esq., O.B.E., Commissioner, and Jurats Le Brocq and Morgan.

The Attorney General

-v-

G a minor

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

2 counts of:

Larceny (Counts 1 and 2).

Age: 16

Plea: Guilty.

Details of Offence:

Count 1 - Defendant was observed on CCTV entering a supermarket, removing a half bottle of vodka and placing it in the handbag of a young female who accompanied her. Both females were stopped on leaving the shop and arrested. On reviewing the CCTV, it was noted that seven minutes earlier, the Defendant had removed a second half bottle of vodka (Count 2) and placed it in the bag of her female accomplice. At interview the Defendant admitted the offences. She said the vodka in the first stolen bottle was for her own consumption and the second for her accomplice.

Breach of Probation - The Defendant was being considered for breach proceedings because of her failure to comply with the requirements of the Probation Order; however her re-offending caused her to be returned to the Royal Court

Details of Mitigation:

Guilty plea; youth. Offences themselves would have been dealt with in the Magistrate's Court, but for breach of Royal Court probation.

Previous Convictions:

Three previous convictions for five relatively minor offences.

Conclusions:

Count 1:	40 hours Community Service Order.
Count 2:	40 hours Community Service Order, concurrent.

Breach of Probation - current order discharged, 12 months' Probation Order.

Sentence and Observations of Court:

Count 1:	40 hours' Community Service Order.
Count 2:	40 hours' Community Service Order, concurrent.

Breach of Probation - no separate penalty.

S. Sharpe, Crown Advocate.

Advocate P. S. Landick for the Defendant.

JUDGMENT

THE COMMSSIONER:

1. G we know you have heard all this before. We have considered very carefully the Reports and of course everything your counsel has said on your behalf. You are driving us to extreme action, but there are things going for you.

2. You have let people down and it is quite clear to us that you associate with the wrong people and your future is potentially a bleak one. You are only 16. You fall to be sentenced under the Criminal Justice (Young Offenders) (Jersey) Law 1994 and under Article 4 (a) of that law we could send you into youth custody. We are not going to do that.

3. We are going to discharge the current breach of probation order and instead of that you are going to serve 40 hours' of Community Service on Count 1; and 40 hours' of Community Service on Count 2. We are going to make all of those concurrent, because this is your last chance. Break this order and you will go into youth detention.

Authorities

Criminal Justice (Young Offenders) (Jersey) Law 1994.