Jersey Unreported Judgments

You are here: BAILII >> Databases >> Jersey Unreported Judgments >> AG -v- Volante-Nobrega [2015] JRC 237 (20 November 2015)
URL: http://www.bailii.org/je/cases/UR/2015/2015_237.html
Cite as: [2015] JRC 237

[New search] [Help]

Inferior Number Sentencing - drunk and disorderly - resisting arrest.

[2015]JRC237

Royal Court

(Samedi)

20 November 2015

Before :

T. J. Le Cocq, Esq., Deputy Bailiff, and Jurats Liston and Ramsden

The Attorney General

-v-

Brandon Lee Volante-Nobrega

Sentencing by the Inferior Number of the Royal Court, following guilty pleas to the following charges:

1 count of:	Drunk and disorderly (Count 1).
1 count of:	Resisting arrest (Count 2).

Age: 18.

Plea: Guilty.

Details of Offence:

The defendant was sentenced on 28^th September, 2015, to a 12 month Probation Order and 312 hours' Community Service for his involvement in an importation of 50 MDMA tablets (AG v Teixeira and Volante-Nobrega [2015] JRC 198C).

Late on 17^th October, 2015, the defendant approached a police officer, shouting and swearing at him. During the arrest the defendant repeatedly tried to break free and was verbally aggressive to the officer. Several officers had to assist in restraining the defendant and transporting him to the police vehicle.

Details of Mitigation:

Guilty plea' age.

Previous Convictions:

The offence sentenced on 28^th September, 2015.

Conclusions:

Count 1:	1 week's youth detention, consecutive to the breach of orders sentence
Count 2:	1 week's youth detention, consecutive to Count 1 and consecutive to the breach of Orders sentence.

Breach of Community Service Order and Probation Order: 23 months' youth detention.

Total: 23 months and 2 weeks' youth detention.

Sentence and Observations of Court:

Conclusions granted.

Discharge of previous Community Service Order and Probation Order.

E. L. Hollywood, Crown Advocate.

Advocate J. M. Grace for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1. You are here to be sentenced for one count of being drunk and disorderly and one count of resisting arrest during the early hours of 17^th October at the Weighbridge and you are also to be sentenced for breach of the probation and Community Service Orders imposed by the Court for your part in a conspiracy to import 50 MDMA tablets earlier this year. For that you received a 12 month Probation Order and 312 hours of community service. When the Court sentenced you it gave you a warning in the clearest possible terms about compliance with the Order and the consequences that would follow should you fail to do so.

2. Not only have you breached the order by reoffending but you have also failed to perform the community service well; you have been resistant to it and have expressed the wish that you do not want to do it and that you would prefer to serve the alternative rather than take advantage of the opportunity that the Court offered to you. Although we have thought once again what the appropriate order is we really feel that we have no choice in the light of that attitude and we agree with the conclusions of the Crown as to the appropriate disposal of this matter.

3. With regard to the offences in respect of which you had originally received a Probation and Community Service Order, we now impose a sentence of 23 months' youth detention and for Count 1 on the new Indictment, drunk and disorderly, 1 weeks' youth detention and Count 2, resisting arrest, 1 week's youth detention, all to be served consecutively, making a total of 23 months and 2 weeks' youth detention.

4. We discharge the previous orders and we notify you that on the completion of your sentence, you may be subject to a period of supervision.

Authorities

AG v Nafkha 2000/86.

Louis v AG [2010] JLR N 45.

Louis v AG [2010] JRC 170.

AG v Teixeira and Volante-Nobrega [2015] JRC 198C.