Jersey Unreported Judgments

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Cite as: [2008] JRC 001, [2008] JRC 1

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[2008]JRC001

ROYAL COURT

(Samedi Division)

4^th January 2008

Before :

F. C. Hamon, Esq., O.B.E., Commissioner, and Jurats Tibbo and Newcombe.

The Attorney General

-v-

John Steven Allardice

Sentencing by the Inferior Number of the Royal Court on a breach of a Community Service Order imposed on 15^th February, 2007, on the following charges:

2 counts of:	Possession of a controlled drug with intent to supply, contrary to Article 8(2) of the Misuse of Drugs (Jersey) Law 1978. (Counts 1 and 2).
4 counts of:	Supplying a controlled drug, contrary to Article 5(b) of the Misuse of Drugs (Jersey) Law 1978. (Counts 3, 4, 5, and 6).

Age: 26.

Plea: Guilty.

Conclusions:

Breach of Community Service Order: 6 months' imprisonment.

Sentence and Observations of Court:

Breach of Community Service Order: Extra 100 hours' Community Service Order imposed to run until 15^th February, 2009.

J. C. Gollop, Esq., Crown Advocate.

Advocate L. J. L. Buckley for the Defendant.

JUDGMENT

THE commissioner:

1. Allardice received his Community Service Order on 15^th February, 2007. It was a Superior Number sentencing and at the end of the judgment we were able to say this:-

"We are going to take a very unusual course, because whilst this Court has to discourage drug dealing at all costs, we feel that this particular matter can be dealt with on an individualised basis. You are going to serve 240 hours' Community Service on all three counts, with a binding over order for 12 months which will include a drug treatment order that requires mandatory attendance and abstinence from illegal drugs confirmed by both randomised and routine drug testing.

This is not going to be easy but if you fail you must know that 240 hours' Community Service is the equivalent of 18 months' imprisonment. We order the forfeiture and destruction of the drugs."

2. There were, in fact, very good reasons in our view why the Superior Number gave this Community Service Order. We have read the report of the Community Service Officer with growing concern and you failed to report on 4 separate occasions. On the last occasion, 3^rd September, 2007, the Attorney General said, amongst other things, this:-

"I am prepared to agree that Mr Allardice can have one last opportunity to comply with the Binding Over Order and Community Service Order. If there is any further failure on his part in either respect, I am to be advised, and the matter will be immediately returned to Court where I would expect the Court to impose a substantial custodial sentence."

3. We have a medical report which was in fact only handed in today, which says that his last breach was caused by infection, although we have to point out that the certificate was dated two days after he was due to report.

4. We would normally have no hesitation in imposing a prison sentence. We have been impressed by the efforts that you have made. We must say that we take a very dismal view of your failures. This has to be a very last chance.

5. The Crown has asked that you go to prison for 6 months. You are therefore going to serve an extra 100 hours over the next 12 months from the 15^th February. That makes 174 hours of Community Service to be completed by the 14^th February, 2009. If you fail, just once, then the Court will have no alternative but to send you to prison.

Authorities

AG v Allardice [2007] JRC 039.