Jersey Unreported Judgments

 2001/235

ROYAL COURT

(Samedi Division)

 

23^rd November 2001

 

 

The Attorney General

-v-

Paul Yai How

 

Breach of an 18 month Probation Order, with 240 hours community service, made by the Inferior Number of the Royal Court on 22^nd November, 2000, (see Jersey Unreported Judgment of that date; 2000/232) following Guilty pleas to:

 

8 counts of:	Aiding, assisting or participating in breaking and entry and larceny (counts 3A, 4A, 5A, 7A, 9B, 16A, 38A and 39A);
1 count of:	Illegal entry and larceny (count 10);
3 counts of:	Breaking and entry and larceny (counts 11, 35 and 36);
1 count of:	Breaking and entry with intent (count 13);
3 counts of:	Aiding, assisting or participating in malicious damage (counts 14A, 29 and 47A);
3 counts of:	Aiding, assisting or participating in attempted breaking and entry with intent (counts 31A, 32A and 33A);
1 count of:	Attempted breaking and entry with intent (count 34);
1 count of:	Aiding, assisting or participating in breaking and entry with intent (count 41A);
1 count of:	Receiving, hiding or withholding stolen property (count 42A);
4 counts of:	Aiding, assisting or participating in larceny (counts 43A, 44A, 45A and 46A).

 

[Pleas of not guilty to 3 counts of malicious damage (counts 2, 48 and 49); 2 counts of breaking and entry with intent (counts 6 and 40); 3 counts of breaking and entry and larceny (counts 8, 12 and 37); 2 counts of larceny (counts 15 and 60); and 1 count of illegal entry and larceny (count 55) were accepted by the Crown].

 

[The remaining counts on the indictment laid on 22^nd November, 2000, relate to seven other co-accused].

 

Age:     18.       

 

Plea:    Breach admitted.          

 

Conclusions:

Probation Order discharged; 8 months' youth detention to be substituted.

 

Sentence and Observations of Court:

Probation Order discharged; Community Service Order imposed for outstanding 175 hours.

 

Mrs. S. Sharpe, Crown Advocate.

Advocate A.J.D. Winchester for the Defendant.

 

 

JUDGMENT

 

THE COMMISSIONER:

1.        How, will you come and stand up here, please.  You will know that the Crown has recommended that you serve 8 months' youth detention.  You have probably never seen the inside of La Moye Prison, but let me tell you this: it is not an experience that is to be recommended.

2.        You are 18 and you should be able to appreciate the fair manner in which you have been treated to date.  I have to say that your behaviour so far has been disgraceful.  Community service is not a soft option.

3.        We are going to give you a final chance.  If you fail this time, you are going to hear the clang of the prison gates and there is nothing we can do about it.  You will complete the 175 hours and we are going to stipulate that this must be carried out within twelve months.  The Court is aware that you want to get this over with as quickly as possible, but because of the car accident you have suffered recently, we are saying twelve months to make it easier for you.  If you can complete the community service earlier than that, so much the better.

4.        We are going to discharge the previous order and sentence you under the new Community Service Order.  Under that Law we are bound to say that we had considered a sentence of eight months' youth detention.  I am afraid that does not allow the proposed visit to Thailand and you will have to get on with what you have been sentenced to.

 

 

Authorities

AG-v-Romeril & 7 Ors. (22^nd November, 2000) Jersey Unreported; [2000/232].