Jersey Unreported Judgments

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Cite as: [2007] JRC 148

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[2007]JRC148

ROYAL COURT

(Samedi Division)

27^th July 2007

Before :

Sir Philip Bailhache, Kt. Bailiff, and Jurats Bullen and King.

The Attorney General

-v-

Paul James Mohammed

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

1 count of:	Receiving stolen property. (Count 1).
3 counts of:	Breaking and entering and larceny. (Counts 2, 3 and 5).
1 count of:	Attempted breaking and entering with intent. (Count 4).
1 count of:	Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law, 1978. (Count 6).

Age: 25.

Plea: Guilty.

Details of Offence:

Offences spanned 4 days. Accused broke into an unoccupied house by day and stole property worth some £200, subsequently recovered. The tenants moved house as a result of the offence (Count 2). He entered the garage of a house and stole golf clubs worth £50 (Count 3). He entered the garage of another house and stole tools worth £100 (Count 5). He tried the locks of an occupied house alarming the female occupant (Count 4). On arrest he was found in possession of a stolen iPod (Count 1) and 29 Diazepam tablets (Count 6).

Details of Mitigation:

Some youth; pleas of guilty; expressions of remorse; letter of apology; low value property all recovered. Inept offences committed under the effects of alcohol and Diazepam.

Previous Convictions:

9 for dishonesty and 8 for drugs offences. He had just completed a 5 year sentence for drugs importation when he committed these offices.

Conclusions:

Count 1:	6 months' imprisonment.
Count 2:	2 years' imprisonment, concurrent.
Count 3:	18 months' imprisonment, concurrent.
Count 4:	2½ years' imprisonment, concurrent.
Count 5:	18 months' imprisonment, concurrent.
Count 6:	6 months' imprisonment, concurrent.

Total: 2½ years' imprisonment.

Forfeiture and destruction of drugs sought.

Sentence and Observations of Court:

Count 1:	18 months' probation and 180 hours' Community Service Order.
Count 2:	18 months' probation and 180 hours' Community Service Order, concurrent.
Count 3:	18 months' probation and 180 hours' Community Service Order, concurrent.
Count 4:	18 months' probation and 180 hours' Community Service Order, concurrent.
Count 5:	18 months' probation and 180 hours' Community Service Order, concurrent.
Count 6:	18 months' probation and 180 hours' Community Service Order, concurrent.

Total: 18 months' probation and 180 hours' Community Service Order.

12 month treatment order.

Forfeiture and destruction of drugs ordered.

C. E. Whelan, Esq., Crown Advocate.

Advocate D. J. Hopwood for the Defendant.

JUDGMENT

THE BAILIFF:

1. Mohammed has pleaded guilty to 3 Counts of breaking and entering and larceny, attempting to break into another house and other offences, including the unlawful possession of drugs. The attempt to break into the house was the only occasion when the property was occupied. It caused the occupier some alarm. She called the police and Mohammed was arrested.

2. The Defendant has been addicted to drugs since the age of 16 or even earlier. He has many previous convictions and has spent much of the last five years in prison. At the time of his arrest he had been at liberty for only four weeks. He is now aged 25.

3. These were, as both Counsel have agreed, inept offences, but they did have an effect, not only upon the elderly lady who was disturbed in the middle of the night, but also upon the occupiers of one of the other dwelling houses, who subsequently felt obliged to move out. Offences involving breaking into dwelling houses are serious offences.

4. Mohammed you deserve to go to prison, but we do not want you to spend any more time in custody. We have been persuaded by the reports from the Probation Officer and from Doctor Gafoor that the time may have come at which you are motivated to change your life and we are going to take a risk by giving you a chance to turn your life around. Other people believe in you including your parents, whose support you are very lucky to have, and your prospective employer. Now you have recognised, as we understand from the submissions made by your Counsel, that it is not going to be easy. Your Counsel has told us that you plan, if released, to go to the gym, to be working, to live at home, but we want to add one other thing to that, and that is that you keep away from those people who take drugs, because they are not your friends.

5. We are going to impose a non-custodial sentence. We are going to place you on probation on each of the Counts on the Indictment for a period of 18 months. It will be a condition of the probation order that you live and work as directed by your Probation Officer and that you attend for treatment at the Drug and Alcohol Service for a period of 12 months and comply with all the conditions and directions that you receive there. You will also perform to the satisfaction of the Community Service organiser 180 hours of Community Service, which we state is equivalent to 1 years' imprisonment.

6. If you break any of these orders, Mohammed you, will be brought back before this Court and you will be liable to be sentenced again. We hope that does not happen. We want you to succeed. We believe that you can succeed if you set your mind to it.

7. We order the forfeiture and destruction of the drugs.

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