Jersey Unreported Judgments

Inferior Number Sentencing - breach of Community Service Order and Probation Order

[2016]JRC199B

Royal Court

(Samedi)

4 November 2016

The Attorney General

-v-

Shaun Mark Carrel

Sentencing by the Inferior Number of the Royal Court on a breach of a Community Service Order and a Probation Order imposed on the 21^st January, 2016, on the following charges:

Age:  26.

Plea: Guilty.

Conclusions:

Breach of Community Service Order: re-impose 180 hours Community Service Order left to complete. 

Sentence and Observations of Court:

Breach of Community Service Order: 180 hours' Community Service Order. 

Probation Order imposed to be discharged. 

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

Advocate N. H MacDonald for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        On the 21^st January this Court sentenced you to 210 hours' of Community Service for offences relating to the cultivation of cannabis.  This was a very substantial operation and it was a very serious offence, and in addition to that Order, the Court made a Probation Order with a view to you receiving the assistance that, it was urged on the Court at the time, you needed.  We note from the paperwork that there is a clear indication that custody was very much in the mind of the Court, but in the light of the reports that it had and in the information that had been given that you had given up the use of cannabis, it decided by a very narrow margin that you would be subject to probation and community service. 

2.        The Court could not have been clearer as to what it said to you on the last occasion.  It said this, and I quote from the judgment of Sir Michael Birt (AG-v-Carrel [2016] JRC 019):-

"Now I just want you to understand very clearly how lucky you have been.  It has been a hair's breadth decision as to whether you should go to prison.  So if you do not do the community service properly, or if you do not do exactly what the probation officer tells you, or if you refuse to undertake the drug tests, or, of course, if you commit any other offence like smoking cannabis again, then you can be brought back here to be resentenced for these offences and if you are brought back, we see absolutely no alternative but to you then going to prison.  So this is your chance; if you behave well and cooperate with everyone and do not commit a further offence by smoking cannabis or doing anything else, then you will not come back here; but if you are brought back here then it seems inevitable that you will go to prison."

We assume you understood those words when they were said to you and therefore we assume that you chose not to take them properly on board and to give them due weight. 

3.        That being said, we have read with a great deal of care the report of Dr Zohhadi, someone who has reported on your psychological state, and whether you accept what she says or not, we take that into account.  In particular we take into account paragraphs 11.12 and 11.13 of her report. 

4.        What then do we do?  This was a serious offence and, in our view, a suspended sentence does not carry with it the sufficient punitive element to meet the gravity of the offending with which you are before this Court.  It is clear to us also that a Probation Order is not viable in the circumstances, although would otherwise have been perhaps appropriate.  We intend to take one further risk with you.  You must assume that if you are back before us again then all of your chances will have been exhausted. 

5.        We are going to revoke the Probation Order, and we are going to continue the Community Service Order for 180 hours. 

6.        You must comply with that order.  If you do not, no matter whether you think it is right or whether you think it is wrong, you will go to prison.  Do you understand me? 

Authorities

AG-v-Carrel [2016] JRC 019.