Jersey Unreported Judgments

 2002/181

ROYAL COURT

(Samedi Division)

 

4^th October, 2002.

 

 

The Attorney General

-v-

J.C.

 

 

1 count of:	Illegal entry (count 1);
4 counts of:	Taking a motor vehicle without the owner's consent, contrary to Article 28(1) of the Road Traffic (Jersey) Law 1956 (counts 2,3,5,7);
1 count of:	Tampering with the mechanism of a motor vehicle contrary to Article 29(2) of the Road Traffic (Jersey) Law 1956 (count 4);
1 count of:	Malicious damage (count 6);
1 count of:	Driving under age, contrary to Article 13 of the Road Traffic (Jersey) Law 1956 (count 8);
1 count of:	Using a motor vehicle uninsured against third party risks, contrary to Article 2(1) of the Motor Traffic (Third Party Insurance)(Jersey) Law 1948 (count 9);
1 count of:	Dangerous driving (count 10);
1 count of:	Riding a motor vehicle without a protective helmet, contrary to Article 23A of the Road Traffic (Jersey) Law 1956 (count 11);
1 count of:	Failing to stop and report an accident, contrary to Article 27 of the Road Traffic (Jersey) Law 1956 (count 12);
2 counts of:	Breaking and entering and larceny (counts 13,14);
1 count of:	Using a bicycle without lights at night contrary to Article 19(1) of the Road Traffic (Lighting)(Jersey) Order 1998 (count 15).

 

Breach of Probation Orders made in the Youth Court: 2nd August, 2000: 1 year Probation Order [malicious damage (x 2)]; 28^th February 2001: 2 year Probation Order [larceny (x 3); grave and criminal assault (x 3); assault (x 1)]; 14^th November 2001: 2 year Probation Order [driving offence].   

 

Age:  13.         

 

Plea:  Guilty.   

 

Details of Offence:

All offences committed while on probation and whilst in the company of older youths.  Counts 1 and 2 - taking and driving away a forklift truck from a building site on Albert Quay.  Counts 3 and 4 - taking and driving away a moped which was then set alight and destroyed by another youth.  Count 5 - taking and driving away a moped which again was destroyed when it was set alight by another youth.  Count 6 - damaging a storage box on the rear of a moped.  Counts 7, 8, 9, 10, 11 and 12 - taking and driving away a moped with two other youths.  It was driven on public roads whilst none were wearing crash helmets, under age and with no insurance.  The moped was crashed and the defendant suffered a broken collar bone.  Count 13 the most serious.  Defendant and three other youths entered the Colesberg Hotel which was insecure and undergoing redecoration.  Their intention was to "look around".  They found various keys, one of which was to the shutter of the bar and they helped themselves to drinks.  Another key opened the hotel safe which contained jewellery to the approximate value of £46, 910.  The youths shared the jewellery between themselves.  At interview the defendant said "we agreed to melt it down into one gold bar and split it".  The defendant had kept some of the jewellery, but to avoid it being found during a police search he dropped it down drains in St. Mark's Lane and Stopford Road.  The defendant's share of the jewellery and keys was all recovered with the assistance of Public Services.  Counts 14 and 15 - the defendant and another youth each stole a mountain bike.  They were observed cycling against the flow of traffic with no lights at night time.  

 

Details of Mitigation:

Entirely co-operative at interview and admitted all the offences.  Gave assistance leading to the recovery of the stolen jewellery which he had retained.  Explained Count 13 as being an episode which started as a bit of a joke and escalated.  Extensive Social Enquiry Report, Children's Service report, report from Les Chênes Residential School and report from Jim Hollywood.  Whilst awaiting sentence, defendant had been remanded to Les Chênes for 15 weeks, equivalent to 22 ½ weeks sentence.

 

Previous Convictions:

15 previous convictions and 2 breaches of probation.

 

Conclusions:

2 year Probation Order (existing Probation Orders to be discharged), to incorporate recommendations set out in highly structured Social Enquiry Report, including frequent reporting to Probation, a curfew, regular reviews, structured leisure activities, attending "Offending is not the only choice programme".

 

Sentence and Observations of Court:

Conclusions granted.  Two year probation order; first month, reporting three times per week to Probation; curfew 8.00 p.m. to 7.00 a.m., second month 8.30 p.m. to 7.00 a.m; the remainder of the order 9.00 p.m. to 7.00 a.m.  The Probation Officer to be given a discretion regarding curfew.  The Probation Service asked to provide a report to the Royal Court every three months to apprise the Court of the defendant's progress.

 

 

Mrs S. Sharpe, Crown Advocate.

Advocate J. Bell for the accused.

 

 

 

JUDGMENT

 

 

THE DEPUTY BAILIFF:

1.        You have an appalling record for one so young.  If you keep re-offending like this, do you know where you are going to end up?  You are going to end up in England, away from your family, in a secure unit, locked up.  Do you understand?

2.        A number of people have recommended that we should not do that to you yet and we are going to agree with their recommendation.  But you have come close to it.  So we are not going to send you to England.  We are going to impose the two year Probation Order, which all the advisers have recommended.  Now that means - you have been on probation before, but I am going to remind you - that you have to behave yourself and not commit any more offences.  You have to do what you are told by the Probation Officer and report to him and you have to live where he tells you and be educated where he tells you.  Do you understand? 

3.        We are going to impose some special conditions in your case and the first is that for the first month you are going to have to report three times a week to your Probation Officer.  After that, you report whenever he tells you to do so. 

4.        Secondly we are going to impose a curfew, because we do not want you falling into bad company and getting into trouble at night.  For the first month it is going to be from eight o'clock in the evening until seven o'clock in the morning.  That means you have got to stay at your home for that time.  For the second month it will be from half past eight in the evening until seven o'clock in the morning and for the rest of the order it will be from nine o'clock in the evening.  So you have to be home by nine o'clock, after the third month, but during the first month by eight o'clock and during the second month by eight thirty.

5.        The Probation Officer can give you special permission if you have some really good reason, supported by your father, for going out.  If you behave well, the Probation Service can come back to us and ask us to lift the curfew altogether.  So it is up to you.  If you behave well and are doing well then you may be able to persuade us to drop the curfew altogether.  Do you understand?

6.        Thirdly, you must attend the two courses that the Probation Service has recommended - that is the 'Offending is Not the Only Choice' and the 'Value Enhancement' course. 

7.        Fourthly, we are going to ask the Probation Service to let us have a written report, every three months, on how you are doing.  We are not going to ask you to come back to Court, unless you are doing badly, but we want to know how you are doing and we will be keeping an eye on the situation.  And one of the things we will be particularly interested in is whether you have found something useful and constructive to do in your spare time.  Do you have any decent leisure activities?  I know the Probation Service will help you in this because if you are able find something interesting and enjoyable to do, then perhaps you will not spend your time getting into trouble. 

8.        So, it is up to you.  There are many people who want to help you.  I am sure, at times, it seems as if they are just being difficult, but they are not.  They all want the best for you.  They all want to try and stop you from falling into a life of crime - as a result of which you will end up at La Moye for months, if not for years on end, in due course.  We do not want that for you; they do not want that for you; your father does not want it for you; so do your best to follow the advice you are given and try to take advantage of the chance that we are giving you.  We hope not to see you here again.  We discharge the existing Probation Order.        

 

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