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Cite as: [2008] JRC 138

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[2008]JRC138

ROYAL COURT

(Samedi Division)

15^th August 2008

Before :

M. C. St. J. Birt, Esq., Deputy Bailiff, and Jurats Le Breton and Liddiard.

The Attorney General

-v-

C

Sentencing by the Inferior Number of the Royal Court on a breach of a Probation Order imposed on 29^th February, 2008, on the following charges:-

1 count of:	Being concerned in the production of a controlled drug, contrary to Article 5(a) of the Misuse of Drugs (Jersey) Law 1978. (Count 1).
1 count of:	Being concerned in the supply of a controlled drug, contrary to Article 5(c) of the Misuse of Drugs (Jersey) Law 1978. (Count 2).
2 counts of:	Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978. (Counts 9 and 10)

Age: 17.

Plea: Guilty.

Conclusions:

Count 1:	18 months' Probation Order and 180 hours' Community Service Order, 12 months' youth detention in default.
Count 2:	18 months' Probation Order and 180 hours' Community Service Order, 12 months' youth detention in default, concurrent.
Count 9:	45 hours' Community Service order, 2 weeks' youth detention in default, concurrent.
Count 10:	45 hours' Community Service Order, 2 weeks' youth detention in default, concurrent.

Total: 18 months' Probation Order and 180 hours' Community Service Order, 12 months' youth detention in default.

Sentence and Observations of Court:

Count 1:	150 hours' Community Service Order, 9 months' youth detention in default.
Count 2:	150 hours' Community Service Order, 9 months' youth detention in default, concurrent.
Count 9:	45 hours' Community Service Order, 2 weeks' youth detention in default, concurrent.
Count 10:	45 hours' Community Service order, 2 weeks' youth detention in default, concurrent.

Total: 150 hours' Community Service Order, 9 months' youth detention in default.

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

Advocate J. C. Gollop for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1. In February you pleaded guilty to offences which involved the production and supply of cannabis, but in the reports which came before the Court you said that you were willing to be placed on probation and to attend the courses that they recommended. You convinced the Probation Service that you were genuine, but in fact you have completely failed to abide by the terms of the Probation Order. You have missed appointments, you have been warned of the consequences but still you have failed to keep any appointments. This means of course, that the Probation Service can not give you the help that they wish to and which the Court wanted them to.

2. The original conclusions of the Crown were that you should be sentenced to 180 hours' community service. Mr Gollop says the offences you committed are not serious enough to justify community service. We have to say that we disagree. Even in the comparatively minor way in which you were involved, cultivation and supply of cannabis is certainly enough to attract community service in the appropriate case. There is no question in our judgment of simply continuing this Probation Order as Mr Gollop has suggested; you have ignored that order, you have had your chance, you must now be punished. The only question is whether it should be youth detention or community service; but you are only 17 and the provisions of Article 4 of the Criminal Justice (Young Offenders)(Jersey) Law 1994 apply and therefore we are going to impose community service. We are also going to reduce the conclusions slightly to mark your limited involvement.

3. On Count 1; 150 hours' Community Service, on Count 2; 150 hours', Community Service, Count 9; 45 hours' Community Service, and on Count 10; 45 hours' Community Service, all of those concurrent. The alternative sentence which we had in mind would be 9 months' youth detention.

4. C, can I make this absolutely plain, this is your last chance. If you do not carry out the community service exactly as you are told, if you do not turn up when you are told to, if you do not work properly when you are there or if you re-offend, you will brought back and if you are brought back you will go to youth detention. It is your choice. If you carry out this community service and don't re-offend then you won't have to go to youth detention but if you fail to do so, you will go to La Moye.

Authorities

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