Jersey Unreported Judgments

[2004]JRC107

ROYAL COURT

(Samedi Division)

 

11^th June, 2004

 

 

The Attorney General

-v-

J.C.

 

 

1 count of:	Larceny (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.

 

Breach of 2 year Probation Order, made by Royal Court on 5^th November, 2003: see [2003]JRC199

 

Age:     15

 

Plea:    Guilty; Breach admitted.

 

Details of Offence:

 

Count 1: Defendant stole two bottles of vodka from the Spar shop in David Place, taking them from the store and making no attempt to pay for them.  Offences placed him in breach of Royal Court Probation Order.  Whilst awaiting sentence, arrested for further alleged offence and was remanded in custody at Greenfield for two weeks, but charge was not pursued.

Count 2: Defendant was found with lump of cannabis weighing 8.16 grams after a personal search.

 

Details of Mitigation:

Offences themselves were not serious.  Stolen vodka was recovered.  Defendant had apologised to manager of Spar shop.  Offending behaviour had improved considerably since November, 2003.  Expressed remorse and the wish to be given a final chance.

 

Previous Convictions:

Persistent young offender: 9 convictions comprising 59 offences.

 

Conclusions:

12 months' Probation Order on each count, concurrent; 40 hours Community Service Order.

Probation Order to be discharged

 

 

Sentence and Observations of Court:

Conclusions granted.

 

 

 

Mrs S. Sharpe, Crown Advocate.

Advocate P Harris for the Defendant.

 

 

 

JUDGMENT

 

THE commissioner:

1.        You have breached a Probation Order which is extremely serious, but we are going to take a risk with you, particularly as the Crown is prepared to agree that course of action.  We discharge the old Probation Order, and we are going to propose a new 12 month Probation Order with a 40 hour Community Service Order.

2.        You understand that the Probation Service may impose another curfew on you.  The terms of that Probation Order is entirely up to them.  You have made progress, but the next 12 months are really important. 

3.        If you breach your Probation Order you will be brought back to this Court and you know what is likely to happen to you then.  The Court will require a Report from the Probation Service every three months on your progress.

Authorities

A.G. -v- J.C. (4^th October, 2002) Jersey Unreported; [2002/181].

A.G. -v- C.T.K., L.I.M. and J.C. [2003]JRC199.

Criminal Justice (Young Offenders)(Jersey) Law 1994.