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Cite as: [2009] JRC 208

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[2009]JRC208

ROYAL COURT

(Samedi Division)

30^th October 2009

Before :

Sir Philip Bailhache, Kt., Commissioner, and Jurats Clapham and King.

The Attorney General

-v-

Marc Stephen Wallace

Sentencing by the Inferior Number of the Royal Court, on a breach of a Community Service Order imposed on the 15^th May, 2009, on the following charges:

1 count of:

Grave and criminal assault (Count 1).

Age: 22.

Plea: Guilty.

Conclusions:

Breach of Community Service order: 50 hours' additional Community Service Order.

Sentence and Observations of Court:

Conclusions granted.

H. Sharp, Esq., Crown Advocate.

The Defendant represented himself.

JUDGMENT

THE commissioner:

1. Wallace, the imposition of a Community Service Order is, as you know, an alternative to a custodial sentence and when you were sentenced on the last occasion you were fortunate that you were not sent to prison because to batter a man around the head with a beer can, although it did not in fact cause serious injury to him, could very easily have caused serious injury and it is an offence which this Court usually punishes with imprisonment.

2. We have listened carefully to what you have said to us; to drink too much on a Friday or a Saturday so you are not able to turn up to do the Community Service is, as you have told us, not an excuse and we cannot accept that kind of reason for not turning up to do the Community Service. We also listened to you when you said that if we sent you to prison it would set you back and we think that is probably right. That is not the reason why we are not going to impose a custodial sentence this morning. We are not going to do that because the Community Service organiser is prepared to take you back.

3. We have listened to you when you tell us you are serious about doing Community Service, that you do not want to treat it frivolously and we are taking you at your word but I want to tell you that if you come back before the Court again on another representation of the Attorney General saying that you have not performed your Community Service satisfactorily I am afraid there will only be one result and you must understand that.

4. We are going to order that the Community Service Order continues in force and we are going to add 50 hours to it as a penalty for the failure to comply and you must complete that Community Service in the time allotted.

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