Jersey Unreported Judgments

Hearing (Criminal) - Inferior Number Sentencing - breach of Community Service Order and Probation Order.

[2020]JRC135

Royal Court

(Samedi)

8 July 2020

Before     :

T. J. Le Cocq, Esq., Bailiff, and Jurats Blampied and Austin-Vautier

The Attorney General

-v-

Hugo Filipe Gouveia Alves

Sentencing by the Inferior Number of the Royal Court, on a breach of a Community Service Order and Probation Order imposed on 12^th July, 2019. 

1 count of	Grave and criminal assault (Count 2).
1 count of:	Malicious damage (Count 3).

Age:  27

Plea: Guilty

Details of Offence:

Count 2:  Grave and criminal assault

Count 3:  Malicious damage

Breaches of Community Service and Probation Orders imposed in respect of the above offending - admitted. 

Conclusions:

Original order revoked as due to expire on 12^th July 2020.  New order imposed with an additional 50 hours' Community Service to run consecutively to the outstanding 50 hours to be completed.  100 hours' Community Service, 4 months' imprisonment in default. .

Total: Order sought for 100 hours Community Service, 4 months' imprisonment in default.

Sentence and Observations of Court:

Conclusions granted.

C. R. Baglin, Crown Advocate for the Attorney General.

Advocate L. Sette for the Defendant.

JUDGMENT

THE BAILIFF:

1.        When you were before this Court and we imposed a sentence we said:

"..if you do not comply with the Probation Order, if you do not meet your obligations for Community Service which will be difficult then you must expect to be brought back before this Court and you must expect to have a custodial sentence imposed upon you." 

2.        The warning could not have been clearer and it is difficult to us to understand why you did not take it seriously.  

3.        We accept what has been said on your behalf by your counsel and by the contents of the references.  We are prepared to consider that you may be sincere in your expressions to us that these were mistakes and that you would wish to have the opportunity of discharging the Community Service Order. 

4.        We will therefore give you one last chance.  Please make no mistake about it, if you do not comply completely with the orders we are about to make then the Court's patience will have been exhausted and we will not be able to trust the submissions made on your behalf unless they are completely compelling and backed by evidence.  

5.        We will allow the Community Service Order to continue but vary it with the equivalent of an additional 50 hours or one months' imprisonment to mark the failure to comply with the original order and this will make a total of 100 hours of community service which is the equivalent to 4 months' imprisonment.  

6.        We will discharge the Probation Order and we impose a community service order of 50 hours, the equivalent of one months' imprisonment with regard to that but that will run concurrently, therefore the total you will now serve is 100 hours community service which is the equivalent of 4 months' imprisonment. 

7.        We revoke the order, we impose a fresh order then that gives the time period in which it must be done. 

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