Jersey Unreported Judgments

[2003]JRC016

ROYAL COURT

(Samedi Division)

 

17^th January 2003

 

 

The Attorney General

-v-

Charlene Heath;

 Andrew Louis

Charlene Heath

1 count of:	Larceny (count 1).
2 counts of:	Obtaining goods by false pretences (counts 2 and 3).

 

Age:     21

 

Plea:    Guilty

 

Details of Offence:

Heath stole a cheque book and used it to purchase food and two mobile telephones.  Louis received one of the mobile telephones and stole two sets of towels and a disposable camera from Woolworths, putting himself in breach of a probation order of 22^nd February 2002.

 

Details of Mitigation:

No previous convictions for dishonesty.  Offence committed on spur of the moment on day that Royal Court removed her parental rights in respect of her child.  Remorse.

 

Conclusions:

Count 1:	6 months' Probation Order.
Count 2:	6 months' Probation Order, concurrent.
Count 3:	6 months' Probation Order, concurrent.

 

 

Sentence and Observations of Court:

Conclusions granted.

 

Andrew Louis

1 count of:	Receiving, hiding or withholding stolen goods (count 4).
1 count of:	Larceny (count 5).

 

Breach of 18 months' Probation Order, made on 22^nd February, 2002, (and previously breached on 1^st March, and in September 2002, when Royal Court ordered it to continue) on guilty plea to 1 count of possession of cannabis resin; and I count of receiving.

 

Age:     31

 

Plea:    Guilty; breach admitted.

 

Details of Offence:

See Heath (above).

 

Details of Mitigation:

Despite two previous breaches of the probation order of 22^nd February 2002 he appeared to be making progress with probation.  Offences committed with a view to returning to prison when he faced difficulties with his life.

 

Conclusions:

Count 4:	12 months' Probation Order.
Count 5:	12 months' Probation Order

Previous Probation Order to be discharged; existing Community Service Order to continue.

 

Sentence and Observations of Court:

Conclusions granted.

 

 

A.R. Binnington, Esq., Crown Advocate.

Advocate C.M. Fogarty for C. Heath.

Advocate A.J.D. Winchester, Esq., for A. Louis

 

 

 

JUDGMENT

 

 

THE DEPUTY BAILIFF:

Andrew Louis

1.        As a result of the offences to which you have pleaded guilty, as you know, you are in breach of the Probation Order imposed in February.  You have already had two chances in respect of that Probation Order.  One within a matter of days, when the Court clearly took the view that it had not yet had a chance to work, but again in September, 2002, when you had not undertaken the community service, but we heard reasons for that at the time and so the Court did extend the time for doing the community service.

2.        Exceptionally, we are willing to give you a further chance.  There are really two reasons for doing so.  The first, is that these offences were committed in July, so they pre-dated that second appearance when the Court warned you of the consequences and you have not committed any further offences since then, which stands very much to your credit.  Secondly, it is clear from the reports that you have made good progress under this Probation Order, and although, as the Crown Advocate said, it is sometimes two steps forward and one step back, nevertheless, the general direction has been forward and very encouraging.  We are willing to give you a further chance, but you must realise that you are running out of chances. 

3.        The Court has now been extremely tolerant of breaches on a number of occasions and if you commit further offences it really is very hard to see anything but prison.  However, much the Court would not wish to do that, there would seem to be no alternative if you breach probation.  Similarly, you must continue to do the community service.  That sentence was passed, there is no reason why you should not do it now.  For as long as you are unemployed, the Court would urge you to get it behind you as soon as possible.  The sentence of the Court in your case is that we discharge the existing Probation Order.  We make a new Probation Order for 12 months', this is concurrent on both counts, and the existing Community Service Order is to continue.  You must now do the 183 hours which remain.

Charlene Heath

4.        You have only minor previous convictions and we accept that the theft occurred on the spur of the moment when you had had a difficult day following the adoption order.  Nevertheless, these are serious offences but we think it right to proceed with this by way of a non-custodial sentence.

5.        You too are placed on a Probation Order for 6 months, concurrent on all three counts.  That means that you must do what your Probation Officer tells you.  You must attend upon your Probation Officer when he or she requires it, and you must not commit any further offences.  If you break the Probation Order by disobeying a probation officer, or not turning up, or committing further offences then you would be in breach, and you will then be sentenced for these offences as well as for anything else you do, so you would probably end up going to prison then.  This is your chance to make sure you do not.  That is the sentence of the Court.

Authorities

AG -v- Hamon (28^th May, 1998) Jersey Unreported; [1998/104].