Jersey Unreported Judgments

Criminal Hearing - breach of Probation and Community Service Orders.

[2016]JRC033B

Royal Court

(Samedi)

5 February 2016

Before     :

W. J. Bailhache, Esq., Bailiff, and Jurats Liston and Ramsden

The Attorney General

-v-

Paul Emmanuel Bisson

Sentencing by the Inferior Number of the Royal Court on a breach of a Community Service Order imposed on 27^th November, 2015, on the following charges:

1 count of:	Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978 (Count 1).
1 count of:	Perverting the course of justice (Count 2).
2 counts of:	Larceny (Counts 3 and 4).

Age:  37.

Plea: Guilty.

Conclusions:

Breach of Community Service Order: 12 months' imprisonment. 

Extension of Compensation Order sought if imprisoned. 

Sentence and Observations of Court:

Breach of Community Service Order:-12 months' imprisonment. 

Extension of Compensation Order made to expire on 28^th April, 2017.

Mark Temple, Solicitor General appeared for the Crown.

Advocate L. J. Glynn appeared for the Defendant.

JUDGMENT

THE BAILIFF:

1.        Mr Bisson, when the Court imposed the sentence upon you last November it said:-

"...I am going to give you a warning.  You have heard these warnings before but we have seen some sign that you are moving in the right direction.  We do not consider it to be a strong sign but it is a sign that we are prepared to follow on this occasion.  Be in absolutely no doubt whatsoever if you breach the Probation Order, if you fail to comply with all the requirements that the Probation Service requires of you, if you fail to attend any course, if you fail without absolutely persuasive and compelling reasons to deal with the community service in the way that you are directed, you will be back before this Court and you must expect to serve the custodial equivalent that we have just given you."

To be late, I am afraid, is of itself quite a sufficient breach in the light of that very clear warning you have been given and when we look at your record it is absolutely clear that you know perfectly well what the Community Service Order means. 

2.        So in the circumstances the Community Service Order that was imposed on you last November is revoked and instead you are sentenced to a total of 12 months' imprisonment because we accept the point which your counsel has made on your behalf that the Royal Court miscalculated, it should have been 13 months on the various offences for which you were sentenced but the Court said 12 months and so 12 months is what it will be.  And it will be broken down, looking at the Attorney General's representation, as all the sentences as shown in the table and I will say this for your counsel's benefit on page 4 except that Count 3 at the bottom will be concurrent not consecutive.  That is so it will make a total of 12 months' imprisonment and you are sentenced therefore to 12 months' imprisonment. 

3.        In addition, as your Counsel has requested, we are going to extend the time allowed for payment of the Compensation Order by 11 months to expire on 28^th April, 2017, so you must pay that Compensation Order which totals £119.45 effectively within 6 months from the date of your likely release. 

Authorities

AG-v-Bisson [2015] JRC 246A.