Jersey Unreported Judgments

Inferior Number Sentencing - Breach of orders - drugs - Class B - possession - larceny - disorderly on licensed premises.

[2019]JRC020

Royal Court

(Samedi)

8 February 2019

Before     :

T. J. Le Cocq, Esq., Deputy Bailiff, and Jurats Ramsden and Thomas

The Attorney General

-v-

Jobe Ashley Robert Le Jehan

Sentencing by the Inferior Number of the Royal Court on a breach of Community Service and Probation Orders imposed on 27^th October, 2017, and revised on 6^th April, 2018, and by further offending on the following charges:

Indictment

2 counts of:	Possession of a controlled drug contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law, 1978 (Count 1 and Count 5)
2 counts of:	Larceny (Count 2 and Count 3).
1 count of:	Being disorderly on licensed premises contrary to Article 82 of the Licensing (Jersey) Law, 1974 (Count 4).

Original Offences

1 count of:	Being concerned in the production of a controlled drug, contrary to Article 5(a) of the Misuse of Drugs (Jersey) Law 1978 (Count 1).
1 count of:	Being concerned in the supplying of a controlled drug, contrary to Article 5(c) of the Misuse of Drugs (Jersey) Law 1978 (Count 2).
1 count of:	Production of a controlled drug, contrary to Article 5(a) of the Misuse of Drugs (Jersey) Law 1978 (Count 4).
1 count of :	Possession of utensils for the purpose of committing an offence against the Misuse of Drugs (Jersey) Law 1978 (Count 5).

Age:  21. 

Plea: Guilty.  Breach admitted.

Details of Offence:

The defendant was originally sentenced on 27^th October, 2017, when 12 month Probation and 180 hour Community Service Orders were imposed as a result of peripheral involvement in the outdoor cultivation of a cannabis grove, being concerned in the supply and production of cannabis in his own right and possession of indoor growing equipment (AG v Louis, Louis and Le Jehan [2017] JRC 182).  On 6^th April, 2018, the defendant came back before the Court who adjudicated on admitted breaches of the Orders imposed, in that he had completed only 10 hours of unpaid work and failed to keep appointments with his Probation Officer.  The Court made a revised Order requiring him to complete 180 hours Community Service and to comply with the terms of the Probation Order (AG v Louis and Le Jehan [2018] JRC 067).  On 1^st October, 2018, the Solicitor General was informed by Probation that the defendant was again not complying with the Orders and was reported to have reoffended.  The defendant was eventually brought before the lower court in early November, was granted bail but failed to appear when next due; he was arrested and detained in custody until final determination.  The offences on the Indictment, which would normally have been dealt with in the lower court, were committed while the defendant was of no fixed abode and spending time in the company of older males well known to the criminal justice system.

Details of Mitigation:

Guilty pleas on new offences and apologies to Licensee.  The defendant had been remanded in custody for an equivalent just short of a four months sentence of imprisonment, during which time his general wellbeing, thinking and outlook was reported to have improved markedly.  Conversely his Probation Officer noted that a long period of custody might be detrimental as the risk of him becoming institutionalised would offset any of the benefits of the custodial remand

Previous Convictions:

Prior to sentencing on 27^th October, 2017, the defendant had five convictions against his name, including one for possession of cannabis earlier that year for which he was bound over and a breach of probation from 2015 for being drunk and disorderly.

Conclusions:

Indictment

Count 1:	1 week's imprisonment.
Count 2:	1 week's imprisonment, consecutive.
Count 3:	1 week's imprisonment, consecutive.
Count 4:	2 week's imprisonment, consecutive.
Count 5:	1 week's imprisonment, consecutive.

Total:  6 week's imprisonment. 

Breach of Community Service and Probation Orders:  Order to be discharged and 4½ month custodial sentence sought.

Grand Total: 6 months' imprisonment.

Forfeiture and destruction of the drugs sought.

Sentence and Observations of Court:

Breach:  Previous Community Service Order and Probation Orders discharged.

In respect of Counts 1 to 5 inclusive and the breach:  12 month Probation Order imposed with quarterly review to monitor the defendant's compliance and progress.  The defendant to appear for first quarterly review on 3^rd May, 2019.

Forfeiture and destruction of the drugs ordered.

R. C. P. Pedley, Esq., Crown Advocate.

Advocate G. D. Emmanuel for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        You are before the Court to answer for a number of offences including larceny, possession of cannabis and being disorderly on licensed premise.  None of these offences would ordinarily be before the Royal Court, the only reason that they are is that in carrying out that offending you have placed yourself in breach of a Probation and Community Service order imposed by this Court on 6^th April, 2018.

2.        The Community Service element of the order of 180 hours was imposed for your part in the production of cannabis with another, and the production and supply on your own account.  On the 6^th April, 2018 (AG v Louis and Le Jehan [2018] JRC 067) the Court said

"the important thing you have got to take away from this today is that you will not get another such chance, because if you blow this one the court is bound to take the view there is no other way of dealing with you.  We really do not want to but there will not be another alternative."

3.        We have read the reports and we understand the challenges that you have faced and that you continue to face, and we note the mitigation that is available to you, including your admission.  We have had particular regard to the letters that are before us, which show that you have the prospect of a job, and we take your own letter of remorse as being genuine and as showing to us that there are clear signs that this period of imprisonment has been salutary for you and that you have now re-evaluated your relationship to illegal substances and indeed to how you should live your life.

4.        We think that there is a real prospect that you have turned a corner and accordingly we are going to give you this opportunity to show that you can make a valuable contribution to society, that you can engage with and develop your relationship with your son, and that you can live a life that will not put you back before us again.

5.        We also note that you have served some 75 hours of the Community Service penalty that was imposed on the last occasion and that you have served the period of just under 4 months imprisonment and that, as I have said, has had a salutary effect.

6.        Accordingly we are going to revoke the existing Community Service and Probation orders and we impose a further Probation Order of 1 year duration.  You will be under the supervision of the Probation Department and you must do what they tell you to do and live in the way that they direct you to live and most importantly involve yourself in any courses or help that they wish to give you.  This is absolutely essential.  We are not however prepared to leave it there, we direct that the Probation Officer responsible for you will prepare a report every 3 months over the next 12 months of the Order, explaining to the court your progress and whether you have performed it satisfactorily, and you will come back before this court in 3 months' time, on the first such occasion, so that we can hear the contents of that report directly from the Probation Officer, or at least we will have read it and be able to deal with you should there be any difficulty.  Whether or not you need to come back after that will depend on the contents of any such report, but you will come back in 3 months for this first occasion for a review.

7.        The court warned you on the last occasion that there would be no more chances.  It is only in exceptional circumstances that we feel able to look behind that.  We are prepared as I say to give you this opportunity because of the signs that we see.  Please do not be mistaken about our reasons.  The cumulative effect of the chances you have been given really make it very unlikely that you would be able to get another chance again, because you will have exhausted any belief the Court can have in your ability to change.  So please take this as very clear warning that you really should do everything you can to follow the directions of the Probation Service and not be back before a court again.

8.        We order the forfeiture and destruction of the drugs.

Authorities

AG v Louis and Le Jehan [2018] JRC 067. 

AG v Louis, Louis and Le Jehan [2017] JRC 182. 

AG v Jeffrey 1996/002. 

AG v Louis and Others [2008] JRC 032. 

AG v Mills [2009] JRC 235.