Jersey Unreported Judgments

[2010]JRC183

ROYAL COURT

(Samedi Division)

8^th October 2010

Before     :

M. C. St. J. Birt, Esq., Bailiff, and Jurats Clapham and Marett-Crosby.

The Attorney General

-v-

Samuel James Vibert

Sentencing by the Inferior Number of the Royal Court on a breach of a Community Service Order and Probation Order imposed on 10^th December 2009, on the following charge:

1 count of:

Being knowingly concerned in the fraudulent evasion of the prohibition on the importation of a controlled drug, contrary to Article 61(2)(b) of the Customs and Excise (Jersey) Law 1999 (Count  1).

Age:  21.

Plea: Guilty.

Conclusions:

Count 1:

17 months' youth detention.

Sentence and Observations of Court:

Final warning given.

No order made, Community Service Order and Probation Order to continue. 

JC. M. M. Yates, Esq., Crown Advocate.

Advocate M. L. Preston for the Defendant.

JUDGMENT

THE BAILIFF:

1.        Mr Vibert you were given a chance when this matter came before the Royal Court last time; you were placed on probation and given community service and the Court warned you of the possible consequences if you did not complete your community service; and yet you did not turn up in those initial periods.  You were then given a further warning by the Solicitor-General and having failed to turn up again to community service on one occasion, and having failed to attend appointments with Mr Gafoor, you have been brought back here.  When people are given a chance by the Courts they have to take advantage of them, because if not, they will end up being sent to La Moye.  You need to understand that. 

2.        When we read the papers yesterday, all the members of the Court were in no doubt that you would have to go to youth detention on this occasion; you have had enough chances.  There is one thing that has saved you and that is the fact that you have got a job; but more than that, it is quite clear that you are doing very well at that job and the reference from your employer is in glowing terms.  It is that alone which has saved you from going inside.  I hope you understand that, because we think that, with the benefit of a good job where you are doing well, there is real hope that you can turn your back on the sort of trouble you were getting into and which led to this hearing. 

3.        We are not going to send you inside on this occasion.  You have also got the strong support of your mother and your sister and it is up to you not to let them down now.  However, I want to give you a final, final warning.  If you are brought back here again because you have either not turned up for community service, or you have not turned up for Mr Gafoor, or the probation department, you will go to youth detention, do you understand that?  You have had your last chance and there will be no further chances.  It is up to you.  We make no order; the community service will continue together with the Probation and Treatment Order, and we hope that you do not return. 

Authorities

AG-v-Vibert [2009] JRC 239.