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Jersey Unreported Judgments
You are here: BAILII >> Databases >> Jersey Unreported Judgments >> AG v Carrel [2017] JRC 021 (27 January 2017)
URL: http://www.bailii.org/je/cases/UR/2017/2017_021.html
Cite as: [2017] JRC 021, [2017] JRC 21
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Before : |
T. J. Le Cocq, Esq., Deputy Bailiff, and Jurats Crill and Christensen, M.B.E. |
The Attorney General
-v-
Shaun Mark Carrel
Sentencing by the Inferior Number of the Royal Court on a breach of a Community Service Order imposed on 4th November, 2016, on the following charges:
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1 count of: |
Being concerned in the production of a controlled drug, contrary to Article 5(a) of the Misuse of Drugs (Jersey) Law 1978 (Count 1). |
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1 count of: |
Possession of utensils for the purpose of committing an offence against the Misuse of Drugs (Jersey) Law 1978 (Count 2). |
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1 count of |
Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978 (Count 4). |
Age: 26.
Plea: Guilty.
Conclusions:
Breach of Community Service Order: 11 months' imprisonment.
Community Service Order to be discharged.
Sentence and Observations of Court:
Conclusions granted.
R. MacRae, Esq., Attorney General appeared for the Crown.
Advocate N. H. MacDonald for the Defendant.
JUDGMENT
THE DEPUTY BAILIFF:
1. Mr Carrel, you are before us today because you have continually failed to respond to the opportunities given to you by both the Probation Service and the Court to complete the period of community service imposed on you by this Court on 21st January, 2016, and reconfirmed by this Court on the 4th November, 2016.
2. The Community Service Order was already an act of mercy and leniency because you were convicted of very serious offences indeed. On the last occasion, that is in November, I reminded you of the words of the Royal Court from January, where it was made very clear to you indeed that you had avoided a custodial sentence, that is prison, by the narrowest of margins and the Court said on that occasion "if you are brought back here then it seems inevitable that you will go to prison". That notwithstanding, in November we took into account the difficulties that you had faced in completing the order of the Court, and the expert reports given to us and which we have looked at again, and we continued the Community Service Order on the understanding that it would be continued in a way which made it easy for you to comply with. Despite this further trust placed in you by the Court, and all the help that you have received from the Probation Service by way of warnings, tolerance and support, you have again failed to comply with the order.
3. We have, of course read carefully all of the papers that had been filed on your behalf. We note the support that you have received from your family which appears to be continuing, and the contact that has been made with other organisations to assist you. We very much hope that at the appropriate time you will continue to engage with those organisations and take the help that they have to offer.
4. But in the light of all that we have heard, and in the light of the flagrant breach of the orders of the Court we see no alternative but to consider that we have reached the limits of our patience. Accordingly, we discharge the Community Service Order and sentence you to 11 months' imprisonment.
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