Jersey Unreported Judgments

Inferior Number Sentencing - breach of community service order.

[2013]JRC216

Royal Court

(Samedi)

8 November 2013

Before     :

Sir Michael Birt, Kt., Bailiff, and Jurats Le Cornu and Milner.

The Attorney General

-v-

Jak Keanu Laffoley

Sentencing by the Superior Number of the Royal Court, on a breach of a Community Service Order imposed on 8^th June, 2013, on the following charges:

1 count of:	Assault (Count 1).
1 count of:	Grave and criminal assault (Count 2).

Age:  19.

Plea: Guilty.

Conclusions:

Breach of Community Service Order: Additional 50 hours Community Service Order, to run consecutive to the remaining 45 hours, for breach.

Sentence and Observations of Court:

Conclusions granted.

J. C. Gollop, Esq., Crown Advocate.

Advocate J. W. R. Bell for the Defendant.

JUDGMENT

THE BAILIFF:

1.        On 8^th June last year you were sentenced to 300 hours' community service for two counts of assault, one of them being a grave and criminal assault.  Now the Court made it absolutely clear that time that the only thing which had saved you from a custodial sentence was the fact that you were only 17 at the time; because it was a nasty assault.  And you were warned that if you did not comply with the community service, you could expect to have a sentence of youth detention and you were told that the sentence the Court had in mind was 18 months' youth detention. 

2.        For the most part you have complied with the Order and for that you are to be commended and it stands you in good stead today.  If we were here early on when you had not completed very much and you had missed three occasions I think the outcome today would be very different.  But you have completed 255 out of the 300 hours so you only have 45 to go but, nevertheless, on three occasions you have failed to turn up without an adequate excuse.  One was back in November last year but another was in June of this year and the most recent was on 31^st August and the excuse given, as your Advocate has said, is simply that you were tired.  Well we have to tell you that is simply inadequate; that is no excuse whatsoever for not turning up and if you try and use it again you know what to expect. 

3.        The Solicitor-General very properly decided this matter had to be brought back to this Court because you have missed now three occasions and the normal consequence of somebody who does not turn up to community service is that they then serve their prison sentence.  But in this case we have taken into account first that you have only got 45 hours left, you have done the bulk of it; secondly, and very importantly, that you have not reoffended during this time, you have kept out of trouble; and thirdly, and really importantly, that you have got a good employment record.  You have worked hard during this time; we have read your letter and we have heard about it and you have got this apprenticeship, for which we commend you, and you are starting at Highlands College. 

4.        Now all this has really stood you in good stead when you face the prospect today that you might be sent to youth detention.  So we are not going to do that.  We are going to give you another chance and it is because of those factors; but you must realise this is your last chance.  In addition you must realise that we have got to impose some punishment to reflect the fact that you have failed to comply fully.  So we are going to do what the Crown have asked and we are going to impose on you an extra 50 hours community service on top of that which you still have got to do.  So in other words you have still got a total of 95 hours to do. 

5.        Now as I say, please understand you have been fortunate; please understand that if you come back on a similar representation because you have failed to turn up then, even though you will have done the bulk of it, the Court will really be left with no alternative but to send you inside and that would be tragic because it would probably interfere with your work, with your apprenticeship; you would lose everything you have gained.  So, if you wake up on a Saturday morning and part of you says "I'm a bit tired I'm not sure I can make it" just think what the consequences will be. 

6.        So that is the decision of the Court, 50 hours' community service on top of what remains; otherwise no other order. 

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