Jersey Unreported Judgments

Inferior Number Sentencing - being drunk and disorderly - breach of orders.

[2015]JRC183

Royal Court

(Samedi)

4 September 2015

Before     :

T. J. Le Cocq, Esq., Deputy Bailiff, and Jurats Olsen and Ramsden

The Attorney General

-v-

Joshua Lister

Sentencing by the Inferior Number of the Royal Court, following a guilty plea to the following charge:

1 count of:

Being drunk and disorderly (Count 12).

Age:  18.

Plea: Guilty.

Details of Offence:

Whilst serving a sentence of probation and community service imposed on 11^th June, 2015, the defendant was found standing in the middle of a busy road whilst intoxicated.  An off-duty police officer stopped his car to allow the defendant and his associate to cross.  The defendant removed his shirt and spoke abusively and threateningly to the officer and, later, to his colleagues.  He had to be physically restrained. 

Details of Mitigation:

Guilty plea, age. 

Previous Convictions:

The two offences sentenced on 11^th June, 2015.

Conclusions:

Breach of Probation, Community Service and binding over Orders imposed on 11^th June 2015:-

Count 1:	7 months' youth detention.
Count 2:	3 days' youth detention, concurrent.

Current Indictment

Count 1:

1 week's youth detention, consecutive to the breaches.

Total:-7 months and 1 week's youth detention.

Exclusion Order for period of 2 years from licensed premises imposed on 11^th June, 2015, to remain in place. 

Probation Order, Community Service Order and Binding over Order to be discharged.

Sentence and Observations of Court:

Conclusions granted.

S. J. O'Donnell, Crown Advocate.

Advocate S. E. A. Dale for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        On the last occasion that you were before this Court, 11^th June this year, you escaped a sentence of youth custody by the skin of your teeth.  The Court, at paragraph 15 of its judgment (AG-v-Ewens Lister and Weller [2015] JRC 127) said this:-

"...it is with a great deal of hesitation that the Court thinks that, marginally, you are entitled to the benefit of the doubt.  Nonetheless, as I have said, the offence that you have committed was a cowardly and serious offence.  You should recognise that.  You should recognise the effect that alcohol has had upon you and in the circumstances we are going to impose a sentence of 12 months' probation... if you fail to comply with the terms of the Probation Order, fail to act as the probation officer directs you, if you do not perform the community service, then the matter will be brought back to this Court and you are liable then to be sent to the youth detention order that is the alternative."

Your co-accused at the time both received custodial sentences. 

2.        Mr Lister, this was a warning in the clearest possible terms and, notwithstanding that warning, a mere six weeks later, you committed the offence of drunk and disorderly, a particularly nasty example of this kind of offence.  This demonstrates a disregard for the order of the Court and for the chance that you had been given.  It chimes with the poor attitude you displayed when attending meetings with the Probation Office and your attitude to community service. 

3.        We have listened to all that your counsel has said on your behalf and she has said, very well all that can be said, but in the view of this Court you have squandered the chance that you were given.  It is not a question of giving you a second chance, you have been given many chances, as your record discloses. 

4.        Accordingly, the Court sentences you in accordance with the conclusions of the Crown: for the crime of grave and criminal assault, for which you were before the Court on 11^th June, you will serve 7 months' youth custody; for the breach of the binding-over order: 3 days' youth custody, concurrent with the 7 months; the Exclusion Order made at that time will continue and on the new Indictment to which you have pleaded guilty today, you will serve 1 week's youth custody, consecutive with the others, making a total of 7 months and 1 week's youth custody. 

Authorities

AG-v-Ewens Lister and Weller [2015] JRC 127.

Louis-v-AG [2010] JRC 170.