Jersey Unreported Judgments

[2010]JRC161

ROYAL COURT

(Samedi Division)

3^rd September 2010

Before     :

M. C. St. J. Birt, Esq., Bailiff, and Jurats Le Breton and Nicolle

The Attorney General

-v-

Maria Ivone Vieira

Sentencing by the Inferior Number of the Royal Court, following a review and variation of a Community Service Order imposed on 4^th September, 2009. 

1 count of:	Supplying a controlled drug, contrary to Article 5(b) of the Misuse of Drugs (Jersey) Law 1978 (Count 1).
1 count of:	Conduct likely to cause a breach of the public peace (Count 2).

Age:  30.

Plea: Guilty.

Conclusions:

Failure to complete Community Service Order: Extend Order by 6 months. 

Sentence and Observations of Court:

Community Service Order extended by 6 months. 

R. C. P. Pedley, Esq., Crown Advocate.

Advocate D. Gilbert for the Defendant.

JUDGMENT

THE BAILIFF:

1.        Miss Vieira, when you appeared before us in September this Court gave you a chance, and what we said at the time was that "if you do not do the Community Service, you will be brought back here and, if you are brought back, then the chances are you will go to prison."  Despite that warning, you have not carried out all the community service.  We accept that on some occasions there were medical reasons, but on others there were clearly not. 

2.        You went and saw the Solicitor General in August and we are told that since then you have carried out 10 hours of community service.  That means you have now done a total of 102 hours, so you have got 98 still to go which you should have carried out; in effect you have only done half of what you should have, and it is clear that drink is still a problem. 

3.        We have considered very carefully whether you need to go to prison.  We have taken into account two things in particular:-

(i)        that you have carried out 10 hours since you saw the Solicitor General, and

(ii)       that your older child is now living with you. 

For those reasons we have just been persuaded to give you one final chance. 

4.        We are going to extend the period for 6 months.  That means you must carry out the remaining 98 hours within that period and, as Mr Le Marrec has said, that is about 5 hours a week. 

5.        I want to make this absolutely clear to you; You were given a chance in September, we are giving you a second chance today.  If you are brought back here again because you have not carried out the community service, you will go to prison, do you understand that?  There will be no third chance.  The choice is entirely yours.  If you carry out this community service you will hear no more of this, but if you do not, then if you are brought back here, there is only one thing that the Court will do, because you have had more than enough chances.  I hope you understand that. 

6.        That is the order of the Court. 

Authorities

AG-v-Vieira [2009] JRC179.