Jersey Unreported Judgments

2000/236

3 pages

ROYAL COURT

(Samedi Division)

 

24^th November, 2000

 

Before:    Sir Philip Bailhache, Bailiff and

                                                      Jurats Quérée and Bullen.

                                                     

The Attorney General

 

-v-

 

Stephen John Langley

 

Admitted breach of a 12 month's probation; 120 hours Community Service, made by the Royal Court on 15^th October, 1999 (See Jersey Unreported Judgment of that date) following a guilty plea to:

 

2 counts of      possession of  a controlled drug, contrary to Article 6 (1) of the Misuse of Drugs (Jersey) Law 1978;

                  Count 2:  diamorphine.

                  Count 3:  cannabis resin.

1 count of  possession without the authority of the Defence Committee, a weapon designed to discharge of any noxious thing contrary to Article 19 of the Firearms ( Jersey) Law 1956  (Count 4 )

                 

[Count 1 of Indictment (possession with intent to supply) diamorphine, contrary to Article 6 (2) of the Misuse of Drugs (Jersey) Law 1978, to which the accused pleaded not guilty, was not before the Court,  as he was acquitted by the Inferior Number on 7^th September, 1999].

 

[On 2^nd June, 2000, the accused failed to appear before the Court to answer to his breach of the probation order and his arrest was ordered; on 3^rd November, 2000, he was remanded on bail to the following week; on 10^th November, his counsel was without instructions and the accused was again remanded on a warning to appear today].

 

Conclusions:

 

Probation Order be discharged and following sentences substituted:

Count 2:  15 months' imprisonment.

Count 3:  1 week's imprisonment.

Count 4:  3 months' imprisonment.

                     

All concurrent.   TOTAL:  15 months' imprisonment.               

                                                                                                   

Sentence & Observations of Court: 6 months' Probation Order, with 120 hours community service.

 

 

 

                                                Mrs. S .Sharpe, Crown Advocate.

                                            Advocate J.C. Gollop  for the accused.

 

 

JUDGMENT

 

THE BAILIFF:

 

1.            Langley, when the Court sentenced you on 15^th October, 1999, the Deputy Bailiff made it clear that if you broke any of the conditions you would be brought back to Court and that you would be sentenced accordingly.

 

2.            You have acted irresponsibly; you have placed your liberty at risk; and, more importantly, perhaps, you have exposed your family to the possibility of being without a provider while you serve a prison sentence.

 

3.            We have listened very carefully to your counsel, to whom you have reason to be extremely grateful, and we have been persuaded that the problems of the last 12 months and your strength of character in overcoming your addiction ought to be recognised.  Because of this we are going to give you one last chance and we are going to place you on probation for 6 months in respect of the offences for which you have to be sentenced, subject to a condition that you perform 120 hours' community service.  We are going to ignore the community service which you have already carried out, but we are not going to send you to prison and we very much hope that you will complete those hours as quickly as you can and that we shall not see you in this Court again.

 

 

Authorities.

 

 

A.G. -v- Nafkha (23^rd May, 2000) Jersey Unreported.