Jersey Unreported Judgments

2000/95

2 pages

ROYAL COURT

(Samedi Division)

 

2^nd June, 2000

 

Before:    M.C. St.J. Birt, Esq., Deputy Bailiff,

                                                      Jurats de Veulle, and Le Brocq.

 

 

 

The Attorney General

 

-v-

 

Joao Luis Coelho de Sousa

 

 

1 count of breaking and entering and larceny. (Count 1).

 

Breach of a 1 year probation order with 60 hours community service, made in the Magistrate's  Court on 1^st December, 1999 on a guilty plea to  2 counts of illegal entry and committing crime.                             

 

Age:       18

 

Plea:      Guilty:  Breach admitted

 

Details of Offence:

 

Defendant broke into third floor flat and stole Playstation and games valued at £199.00 and 15 £2 telephone cards, owned by a Mr. Pestana.   Two months later, the landlady of the property asked Mr. Pestana to assist her in gaining entry to the defendant's room.   He had not paid his rent since before Christmas and she wished to establish whether or not he had left.   On entering the room, Mr. Pestana saw the Playstation and games and police officers were called to further their investigations.   The defendant eventually made a full and frank confession to the larceny and admitted he had a drugs problem, which was the reason he stole property which he would sell on in order to fund his habit.   Defendant was in breach of a one year probation order to which he was sentenced in respect of a very similar offence of breaking, entering and larceny.

 

Details of Mitigation:

 

Poor family circumstances.   Childhood experience of violence and drunkenness.   Came to Jersey in 1996 with some of his brothers and sisters.   Never attended formal school in Jersey.   Limited intelligence.   Defence counsel described him as unsophisticated and inept.

 

Previous Convictions:

 

Bad record including eight larcenies, illegal entry and breaking and entering and two drugs convictions.   Also a grave and criminal assault on 28^th January, 1998.

 

Conclusions:   6 months' Youth Detention; Breach: 2 months' Youth Detention on each count, concurrent with each other, but consecutive to 6 months' Youth Detention.: TOTAL:  8 Months' Youth Detention.

 

Sentence & Observations of Court:    Conclusions granted.  Defendant warned that should he re-offend, he stood real risk of being deported.  Existing probation order discharged.

 

 

                                                Mrs. S. Sharpe, Crown Advocate

                                         Advocate R. Tremoceiro for the Accused.

 

 

JUDGMENT

 

THE DEPUTY BAILIFF:

(Madam Interpreter, I am going to speak slowly and, if you would, translate what I say to the Defendant.)

 

1.            This was an opportunistic break-in to feed the Defendant's heroin habit.   The Defendant is aged 18 but he already has a considerable record.    He has been placed on probation three times and ordered to do community service on two occasions.   His most recent conviction was on 1^st December, 1999, when, for two offences of illegal entry, he was placed on probation and ordered to do 60 hours community service.   He committed this offence within 6 weeks of that appearance and therefore is now to be sentenced for that breach of probation.   He has, however, completed the community service.

 

2.            In his favour we take into account his guilty plea and his co-operation with the police.  We also take into account his youth and we have regard to Article 4 of the Criminal Justice (Young Offenders) (Jersey) Law 1994.   We accept that he is remorseful and we note his very unfortunate background as disclosed in the social enquiry report.   We also take into account that he served 2 months' youth detention on remand before his last Court appearance.   Nevertheless, we are quite satisfied that the Crown's conclusions are justified.

 

3.            Stand up, please.  On the count in the indictment he is sentenced to 6 months' youth detention.   For the two offences for which he is in breach of probation he is sentenced to 2 months' youth detention, consecutive; in other words a total of 8 months' youth detention.   As required by Article 4, we state that the reason for imposing youth detention is that he has a history of failing to respond to non-custodial penalties and we also tell him that when he is released from prison he will be liable to be supervised by the probation service.  

 

4.            We add two things.   First of all, we hope very much that he will continue with the drug intervention group at the Young Offenders' Institution at the prison and we would urge the prison authorities to facilitate this,  because conquering his drug problem is the first step to trying to avoid his re-offending.   And secondly, we must warn him that if he should re-offend he stands a real risk of being deported, in other words being ordered to leave Jersey and return to Portugal.   We discharge the existing probation order.

 

 

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