Jersey Unreported Judgments

Breach of Community Service Order - Speeding Indictment.

[2022]JRC178

Royal Court

(Samedi)

5 August 2022

The Attorney General

-v-

W

Crown Advocate L. B. Hallam.

Advocate S. E. A. Dale for the Defendant.

JUDGMENT

THE Lieutenant BAILIFF:

1.        W, we have listened carefully to everything that Advocate Dale has said on your behalf, and we have equally carefully considered the various reports in this case as well as your letter.  But the inescapable fact remains that you were given a final chance in February last year, and at that time you were told that you had come within a hair's breadth of custody.  You have thrown that chance away.  You seem to accept that in your letter.  

2.        In the view of the Court, you have shown unwillingness to engage with the Community Service scheme bordering upon contempt for it.  Mr Le Marrec has clearly gone out of his way to help you with the order, but it would be too much of a challenge to accept you back on the scheme; it is the end of the line.

3.        We find that we have no alternative but to impose a period of youth detention because you have a history of failure to respond to non-custodial penalties and are unwilling to respond to them.

4.        We do accept, though, that the principal offences were committed when you were sixteen and that there have been some delays, not all of which have been of your making.  We are, therefore, slightly reducing the Crown's conclusions.

5.        We discharge the Community Service Order and substitute for it a sentence of five months' youth detention.  We notify you that you will be subject to supervision on your release from youth detention pursuant to Article 9 of the Criminal Justice (Young Offender) (Jersey) Law 2014.

6.        As regards the speeding matter, this was a recent offence and must be marked by a separate and condign penalty.  The fine will be £530 or two weeks in default, and you will be disqualified from holding or obtaining a licence for four months.  But in view of what we have been told about your employment and your prospects, we order that the period of disqualification shall run from today and not from the date of your release from youth detention. 

7.        We discharge the Probation Order made on 12^th February 2021. 

8.        Time to pay the fine is twelve months. 

Authorities

Criminal Justice (Young Offender) (Jersey) Law 2014.