Jersey Unreported Judgments

2002/43

ROYAL COURT

(Samedi Division)

 

22^nd February 2002

 

 

The Attorney General

-v-

Andrew Ernest Louis

 

 

1 count of:	Receiving stolen property (count 1);
1 count of:	Possession of a controlled drug, contrary to Article 6(1) of the Misuse of Drugs (Jersey) Law, 1978: Count 2: cannabis resin.

 

Age:     30.

 

Plea:    Guilty.  

 

Details of Offence:

On 12^th November, 2001, intruders broke into Richard Manning's property and stole jewellery.  Louis was not involved in the original offence.  On 20^th November the "Jersey Evening Post" published an article in which Mr Manning appealed for information regarding the missing jewellery and offered a reward of £1,000 for information leading to the conviction of the offender(s) and the return of the jewellery.  On 22^nd November, 2001, Louis contacted Manning to indicate that he could arrange for the return of the stolen property as he (Louis), through his contacts in the criminal underworld, had ascertained who was in possession of the stolen items.  Several meetings were arranged between Louis and Manning.  Louis agreed to facilitate the return of Manning's property in exchange for the sum of £3,000 (£2,000 payment to the person in possession of the property and £1,000 for the work undertaken by Louis).  Louis was arrested by undercover police officers at the final meeting after £1,500 in cash had been handed to him by Manning.  The value of the stolen jewellery was approximately £6,700 and included items of sentimental value.  Louis was not involved in the original breaking and entering offence and his involvement was to arrange for the return of the property to Manning.  All property except for a string of real pearls (which were never in Louis' possession) were returned to Manning. 

 

Details of Mitigation:

Plea of guilty; was fully co-operative with police; this was an unusual case in that Louis was returning the stolen goods to the rightful owner; all the goods in Louis' possession were returned to Manning; the background and other reports indicated the apparent willingness on the part of Louis to amend his lifestyle.

 

Previous Convictions:

Numerous.

 

Conclusions:

18 month Probation Order on usual conditions and subject to the following additional conditions:

1.     that Louis attend and participate in SMART course as directed by his Probation Officer;

2.     that Louis attend the Alcohol and Drugs Advisory Service for a period of 12 months;

3.     that Louis abstain from all illegal and non-prescribed controlled drugs;

4.     that Louis comply with the treatment set by the Alcohol and Drugs Advisory Service and is subject to random testing for drugs as required by that Service, or as directed by the Probation Officer.

240 hours' Community Service Order (equivalent to a 18 month prison sentence).  Order for the forfeiture and destruction of the drugs.  The Crown's conclusions were based on recommendations contained in background, psychiatric and Director of Alcohol and Drugs Advisory Service reports.

 

 

Sentence and Observations of Court:

Conclusions granted save that the Community Service Order is for 200 hours and takes into account the 133 days Louis spent in custody (equivalent to a prison sentence of four months and 13 days with full allowance for remission for good behaviour).

 

 

 

P. Matthews, Esq., Crown Advocate.

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

 

 

 

JUDGMENT

 

 

THE BAILIFF:

1.        Louis, remain standing, please.  The Court is going to grant the conclusions subject to one minor modification to which I shall come.  What you did was wrong but you have quite rightly instructed your advocate to accept that and we want to say to you that we have been impressed by the things which you have said in your letter to the Court which we have read carefully and we hope that you mean them and we hope that you will in the future make something of your life and change the course of it.

2.        We are going to grant the conclusions and place you on probation for 18 months, subject to the usual conditions that you live and work as directed by your Probation Officer; that you attend and participate in the SMART course as directed by your Probation Officer; that you attend the Alcohol and Drug Service for a period of 12 months; that you abstain from all illegal and non-prescribed controlled drugs; and that you comply with the treatment goal set by the Alcohol and Drugs Advisory Service and are subject to random testing for drugs by that Service as required by the Service or as directed by the Probation Officer.

3.        The minor modification of the conclusions to which I referred relates to the period of the Community Service Order.  While we agree that a sentence of 18 months' imprisonment would have been appropriate had we been minded to send you to prison for the offences which you have committed, we think that the Community Service Order ought to reflect the time which you have spent in custody on remand and we are therefore reducing the amount of Community Service to 200 hours which is the equivalent of 14 months' imprisonment.  So you must perform 200 hours' Community Service in addition to the other conditions which I have set out.  Are you prepared to accept all those conditions?  Very well, on that basis you may leave the Court.

 

No Authorities