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Jersey Unreported Judgments
You are here: BAILII >> Databases >> Jersey Unreported Judgments >> AG v Fairbrace [2007] JRC 157 (10 August 2007)
URL: http://www.bailii.org/je/cases/UR/2007/2007_157.html
Cite as: [2007] JRC 157
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[2007]JRC157
ROYAL COURT
(Samedi Division)
10th August 2007
|
Before : |
Sir Philip Bailhache Kt., Bailiff, and Jurats Allo and Liddiard. |
The Attorney General
-v-
Irene Elizabeth Fairbrace
Breach of a 2 year Probation Order and 150 hour Community Service Order, made by the Royal Court on 12th January, 2007 (see [2007]JRC 006), following guilty pleas to:
|
1 count of: |
Supplying a controlled drug, contrary to Article 5 (b) of the Misuse of Drugs (Jersey) Law 1978. (Count 2). |
|
1 count of: |
Possession of a controlled drug contrary to Article 8 (1) of the Misuse of Drugs (Jersey) Law 1978. (Count 3). |
|
1 count of: |
Possession of a controlled drug with intent to supply, contrary to Article 8 (2) of the Misuse of Drugs (Jersey) Law 1978. (Count 4). |
Age: 27.
Plea: Guilty.
Conclusions:
2 weeks' imprisonment (27 hours of Community Service remaining).
Sentence and Observations of Court:
Revoke the Probation Order and Community Service Order. Sentenced to 1 month's imprisonment.
C. M. M. Yates, Esq., Crown Advocate.
Advocate R. J. Macrae for the Defendant.
JUDGMENT
THE BAILIFF:
1. Miss Fairbrace, it gives the Court no pleasure to find itself in the position in which it now does. Your Advocate has very ably put to us everything which could be said in mitigation on your behalf, but the fact of the matter is that when you were sentenced at the beginning of this year, the Deputy Bailiff told you:
"You must realise that if you do not do what your Probation Officer says then he will bring the matter back to this Court, similarly in relation to the Drug and Alcohol Service. If you start not turning up to appointments or if you otherwise breach it by failing random tests, then they will refer you back to us, and of course if you commit any further offences you will be referred back. If you come back then the Court is likely to take a very different view because we are giving you a chance today."
2. After all the difficulties following the making of this order the matter was referred to the Attorney General and the Attorney General wrote a letter, to the Probation Officer which he authorised to be released to you, which said:
"With some misgiving, because the Order of the Court was quite clear, I am prepared to agree that Ms. Fairbrace should be restored to the Community Service Scheme with one last opportunity to complete the terms of the Order which was imposed. If she does not satisfactorily complete that Order, and any further reference is made to me, then the matter will be taken back to the Royal Court and I would expect the Royal Court then to be giving consideration to the imposition of a custodial sentence, despite the Community Service Order which has been performed in part."
3. We think that the Probation Service and the Community Service organiser have bent over backwards to help you and to give you every opportunity to complete the Orders which the Court made. We regret very much having to do this but we have no other option than to revoke the Probation Order and the Community Service Order, which we now do, and for the offence for which you were sentenced in January you will be sentenced to 1 month's imprisonment.
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