Jersey Unreported Judgments

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Cite as: [2011] JRC 5, [2011] JRC 005

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[2011]JRC005

ROYAL COURT

(Samedi Division)

7^th January 2011

Before :

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

The Attorney General

-v-

Maria Ivone Vieira

Sentencing by the Inferior Number of the Royal Court on a breach of a Community Service Order imposed on 3^rd September, 2010, on the following charges:

1 count of:	Supplying a controlled drug, contrary to Article 5(b) of the Misuse of Drugs (Jersey) Law 1978 (Count 1).
1 count of:	Conduct likely to cause a breach of the public peace (Count 2).

Age: 31.

Plea: Guilty.

Conclusions:

Breach of Community Service Order: 5 months and 3 weeks' imprisonment.

Sentence and Observations of Court:

Breach of Community Service Order: 5 months' imprisonment.

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

Advocate D. P. Le Maistre for the Defendant.

JUDGMENT

THE BAILIFF:

1. Miss Vieira, when you appeared before this Court in September 2009, the Court gave you a chance even though the offence was one of supplying drugs, and imposed a sentence of community service. But we said at the time that if you did not carry out the community service you would be at risk of being sent to prison. You did not carry out the community service and you were brought back to the Court in September of last year and, unusually, the Court gave you a second chance; the Court did not send you to prison on that occasion, it continued the Community Service Order and extended the period for you to do it because we understood some of the difficulties you were facing. What the Court said at the time was this:-

"I want to make this absolutely clear to you; you were given a chance in September, we are giving you a second chance today. If you are brought back here again because you have not carried out the community service, you will go to prison, do you understand that? There will be no third chance. The choice is entirely yours."

We are most disappointed that you are now back before us again because you have failed to carry out the community service. You have carried out a total of 118 hours out of 200. When the Court says something like that it means it and you have to appreciate that therefore you have had your chance and you have not taken advantage of it.

2. We have listened carefully to what your Advocate has said and he has made a plea for mercy, but in the light of the history of what has happened here there is no alternative but to impose a custodial sentence. As I say, when the Court makes observations of that nature it means it.

3. We think we can adjust the conclusions very slightly and the sentence of the Court is on Count 1; 5 months' imprisonment, on Count 2; 1 week's imprisonment, concurrent. That is a total of 5 months' imprisonment. We also discharge the Community Service Order.

Authorities

AG-v-Vieira [2009] JRC 179.

AG-v-Vieira [2010] JRC 161.