Jersey Unreported Judgments

[2009]JRC225

ROYAL COURT

(Samedi Division)

20^th November 2009

The Attorney General

-v-

Justin James Samson

Sentencing by the Inferior Number of the Royal Court, on a breach of a Community Service Order imposed on 30^th April, 2009, on the following charge:

Age:  27.

Plea: Guilty.

Conclusions:

18 months' imprisonment in default and revocation of Community Service Order.

Sentence and Observations of Court:

Community Service Order to continue.

R. C. P. Pedley, Esq., Crown Advocate.

Advocate C. M. Fogarty for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        Mr Samson, the breach of the Community Service Order which was imposed by this Court is clear and you have admitted it.  It is your responsibility to perform the terms of the Order which the Court has made.  It is your responsibility to turn up on time; it is your responsibility to notify the Probation Service of where you are living so that they can contact you; it is your responsibility to live a life outside the times when you are performing the community service to ensure that you are in a position to perform that community service when the time comes round to do it.  Therefore it is your responsibility to ensure that you don't get yourself in a position of either drinking too much or doing anything else which makes you unable to perform that Order.

2.        The Court has directed that you perform community service and you have been given a number of last chances.  With quite a lot of hesitation, the Court is going to give you what I call the very last of the last chances.  A very strong factor in that is the offer which your father has made to have you stay with him in St Brelade which will give you the opportunity of staying away from the trouble which otherwise you might get into in the town of St Helier.  Were it not for your father's support the Court would not be making the order it is now making but I want to emphasise to you that if there is any further problem with the performance of this community service, any further problem at all, there will be no hesitation and you will be sent to prison to perform the prison sentence instead of the Community Service Order that is being imposed.  I hope you are quite clear about that and you are quite clear therefore with the Court that you are giving your assurance to the Court that you are going to perform the order from now on.

3.        The Court orders that the Community Service Order should continue and has paid special regard to the offer made by your father to have you live with him in St Brelade and you must notify the Probation Service if there should be any change in that arrangement.

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