Jersey Unreported Judgments

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Cite as: [2008] JRC 127

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[2008]JRC127

ROYAL COURT

(Samedi Division)

8^th August 2008

Before :

M. C. St. J. Birt, Esq., Deputy Bailiff, and Jurats Bullen and Newcombe.

The Attorney General

-v-

Sean Craig Trow

Sentencing by the Inferior Number of the Royal Court, for a breach of a Community Service Order, imposed on 18^th April 2008, on the following charges:

Original Indictment

2 counts of:	Assault. (Counts 1 and 3).
1 count of:	Conduct likely to cause a breach of the peace. (Count 2).

Attorney General's Representation

1 count of:	Being drunk and incapable. (Count 1).
1 count of:	Breach of the peace. (Count 2).

Age: 33.

Plea: Guilty.

Conclusions:

Original Indictment

Count 1:	6 months' imprisonment.
Count 2:	6 months' imprisonment, concurrent.
Count 3:	6 months' imprisonment, concurrent.

Attorney General's Representation

Count 1:	6 months' imprisonment, concurrent.
Count 2:	6 months' imprisonment, concurrent.

Total: 6 months' imprisonment.

Sentence and Observations of Court:

Conclusions granted.

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

Advocate J. C. Gollop for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1. Mr Trow, on the 18^th April when you last appeared before us, the Court gave you a last chance. You were up on 2 counts of assault and one of conduct likely to cause a breach of the peace and you were in breach of a Probation Order for similar offences. Despite this the Court gave you another chance by placing you on probation but said this:-

"you must understand this really is your last chance, you are extremely fortunate that you are not going to prison today, if you do commit any further offences like this or if you do not comply with the terms of your probation order or community service order, you will be back here and you will then go to prison".

2. The Court could not have been clearer but sadly, within a week, you committed one offence, you were on bail for that offence to the Magistrate's Court and then on the 17^th June you committed another one. Your counsel has very realistically accepted that there is no choice now but for us to impose a prison sentence.

3. We note the steps you are taking to deal with your alcoholism and we wish you every success, we hope that you can maintain it. But in the circumstances we see no alternative but to imposing the sentence which we originally had in mind and we agree that, although you have carried out a certain number of hours of community service, that is 14, this is counter-balanced by the subsequent offences. So we are going to impose a sentence of 6 months' imprisonment on all the counts for which you were before us last time and on the offences for which you were on probation and we hope that you will maintain the progress you are making when you come out.

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