Jersey Unreported Judgments

[2005]JRC134

ROYAL COURT

(Samedi Division)

 

30^th September 2005

 

 

The Attorney General

-v-

Michelle Bernice Ahier

 

Sentencing by the Inferior Number of the Royal Court, on guilty pleas:

 

1 count of:	Larceny.  (Count 1).
2 counts of:	Uttering and attempting to obtain drugs on forged document. (Counts 2 and 3)

 

Breach of Probation for Grave and Criminal assault and Possession of an offensive weapon and larceny.

 

Age:     22.

 

Plea:    Guilty.

 

Details of Offence:

Defendant stole approximately 25 prescriptions from a doctor's prescription pad, forged two prescriptions and attempted to obtain diazepam from two different chemists.  The Chemists immediately recognised that prescriptions were forgeries and the defendant was subsequently arrested and charged.  Defendant was in breach of 12 months' probation order.

 

Details of Mitigation:

The Defendant's sister had died in a car crash two days before the offences.  Defendant was a heroin addict and the tragic death of her sister returned her to chaotic drug abuse and present offences.

 

Previous Convictions:

Three previous convictions for 25 offences including 9 for fraud and related offences, 6 thefts and related offences.  She had been bound over once and sentenced to probation twice.

 

Conclusions:

 

 

Count 1:	3 months' imprisonment.
Count 2:	3 months' imprisonment, concurrent.
Count 3:	3 months' imprisonment, concurrent.

 

Breach of Probation

 

Grave and Criminal:	12 months' imprisonment, consecutive to Counts 1 - 3..
Possession of offensive weapon:	3 months' imprisonment, concurrent.
Larceny:	3 months' imprisonment, concurrent.

 

 

Sentence and Observations of Court:

Counts 1, 2 and 3, - 12 months' probation order on condition that defendant attends Alcohol and Drugs Service for treatment: remains abstinent from drugs and be liable to random testing; attends probation and comply with probation officer's directions. 

Breach of probation - discharge of original probation order, imposition of another 12 months' probation order.

 

 

 

Mrs S. Sharpe, Crown Advocate.

Advocate R. Tremoceiro for the Defendant.

 

 

 

JUDGMENT

 

 

 

THE DEPUTY BAILIFF:

1.        Until you do something about your drug addiction, you are not going to be able to turn your life around.  The Court gave you a chance in April, but we do accept that the blow of the death of your only sister knocked you off course and caused you to commit these particular offences.  In that respect we would like to commend the individual staff of the two chemists De Faye's Chemist and Roseville Pharmacy, for their vigilance in spotting the forged prescriptions.  Mrs Sharpe we would be grateful if you could ensure that our commendations to the two staff are passed on to them.

2.        Initially when we read the papers we thought you had to go to prison, but we are satisfied in the light of Mr Gafoor's report and the efforts that you have begun to make to turn your life around, that we should give you one more chance.

3.        We are going to place you on probation for 12 months on the three counts for which you are before the Court today.  In relation to the offences for which you were dealt with in April, we are going to discharge the existing probation order and make a new one for 12 months.  All of the probation orders will be on condition that you attend the Drug and Alcohol Service on the conditions recommended by Mr Gafoor. 

4.        I want you to listen very carefully to me.  First you must attend the Drug and Alcohol Service for six months; secondly you must remain abstinent, that means not take any drugs at all, and you will be subject to routine and random drug testing; and thirdly you must comply with all treatments as required by the Service.  You must, of course, attend the Probation Department whenever you are told to.  You must attend any courses that they think fit and you must in all respects do what they say.  If you take drugs again or if you do not turn up either to Probation or to the Drug and Alcohol Service, you will come straight back here.  This really is your last chance.  You were given a chance in April; we are giving you a chance today.  We hope very much that you will succeed.  We really want you to succeed, but if you do not and you come back here, you will go to prison.

Authorities

AG - v - Baglin [2005]JRC030.