Jersey Unreported Judgments

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Cite as: [2018] JRC 113B

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Inferior Number Sentencing - breach of orders

[2018]JRC113B

Royal Court

(Samedi)

29 June 2018

Before :

T. J. Le Cocq, Esq., Deputy Bailiff, and Jurats Grime and Dulake

The Attorney General

-v-

Beau Samuel Le Coguiec

Sentencing by the Inferior Number of the Royal Court on a breach of a Community Service Order imposed on 28^th July, 2017, on the following charges:

3 counts of:

Being knowingly concerned in the fraudulent evasion of the prohibition on the importation of a controlled drug, contrary to Article 61(2)(b) of the Customs and Excise (Jersey) Law 1999 (Counts 1-3)

Age: 22.

Plea: Guilty.

Conclusions:

Breach of Community Service Order: Revoke the Community Service Order and 12 months' imprisonment sought.

Sentence and Observations of Court:

Breach of Community Service Order: Revoke the Probation Order and Community Service Order and a sentence of 12 months' imprisonment ordered.

M. R. Maletroit, Esq., Crown Advocate.

Advocate J. C. Turnbull for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1. You are to be dealt with today for breach of a Community Service Order imposed by this court on 28^th July, 2017. You were to complete 312 hours of community service, but your compliance was haphazard and you completed only 130 hours, leaving 182 hours outstanding before you were removed from the scheme. The original offence in respect of which the order was made related to postal importation of unlawful drugs.

2. We note all that has been said on your behalf and the mitigation that has been advanced was all that it could be. But we also note that you were given very many warnings indeed, including the chance of a meeting with the Solicitor General whose decision to refer the matter to the court it was, and you were not able to persuade him that you were committed to dealing with the matter appropriately.

3. At paragraph 7 of the judgment of the sentencing court (AG-v-Le Coguiec [2017] JRC 120), the court said this:-

"Now you are clear that you are going to cooperate with the Probation Department. You appreciate that with that number of hours of community service it will take over some 2 years to complete, nearly every weekend you are going to have to turn up and do the hour's necessary. You have to turn up when requested. You have got to conduct yourself properly otherwise if you do not you will be brought back here and you will go to prison almost certainly."

You had a warning in the clearest possible terms, and in our view that was the final warning.

4. We discharge the Probation Order and Community Service Order and you will go to prison for 12 months.

Authorities

AG v Le Coguiec [2017] JRC 120.

Criminal Justice (Community Service Orders) (Jersey) Law 2001.