Jersey Unreported Judgments

[2004]JRC173

ROYAL COURT

(Samedi Division)

 

24^th Septmber, 2004

 

 

The Attorney General

-v-

Ricky Lee Brée;

Shane Luke O'Shea.

 

 

Ricky Lee Brée

 

 

1 count of:	Obstructing police officer in execution of duty; contrary to Article 17 (5)(a) of the Misuse of Drugs (Jersey) Law 1978. Count 1.
2 counts of:	Possession of a controlled drug contrary to Article 6(1) of the Misuse of Drugs (Jersey) Law, 1978. Count 2: Cannabis resin. Count 3: Cannabis resin.
1 count of:	Breach of peace. Count 4.
1 count of:	Assault. Count 5.

 

[On 27 August, 2004, the Crown accepted Not Guilty pleas to Count 7, and to counts 6 and 8, but guilty to assault on the facts of these counts].

 

Breach of 6 month's binding over order, made in Magistrate's Court on 4^th February, 2004, on Guilty plea to obstructing/refusing to obey police.

 

Age:     24.

 

Plea:    Guilty; breach admitted

 

Details of Offence:

Brée:  Obstruction under Misuse of Drugs (Jersey) Law 1978.  Stopped and searched in the street attempted to conceal package in his mouth.  Possession of controlled drug (2 Counts);  found in possession of 137 grams and 221 grams of cannabis resin, respectively.  Breach of the peace;  Brée and another man approached door staff at Royal Yacht Hotel,  refused entry as they were drunk.  Brée became aggressive towards the door staff who had to restrain him on ground.  Police called.  Assault (3 counts) and O'Shea:  Breach of peace and assault; Brée and O'Shea, who were drunk, approached three 16 year old boys who were sitting outside entrance to the Badminton hall at La Pouquelaye.  The boys were repeatedly asked if they had any cannabis; after saying no Brée and O'Shea became aggressive and threatening.  Brée removed upper clothing and started punching the air saying he was "focussing".  O'Shea went along the line of the boys punching at them but not making contact.  Brée threatened to and then pulled one boy upside down.  Brée then threw a mobile phone battery at another boy then punched him.  O'Shea encouraged Brée in all this.  3 boys terrified by the actions and talk of Brée and O'Shea - too frightened to move.  Later on Brée and O'Shea stopped another boy, aged 16 years, on the way down La Pouquelaye, and asked if he had any "weed" Brée and O'Shea intimidating him.  Victim then runs to entrance to Maison de Ville hoping to gain assistance.  Door closed.  Brée approached and punched and kneed victim in the stomach.  O'Shea then grabbed victim and threatened to punch him if the police came.  Brée being aggressive.  Resisting arrest O'Shea:  O'Shea in town with brother and seen by police officer to be disorderly.  On being told to be quiet O'Shea told policeman to 'fuck off copper'.  O'Shea arrested and resisted refusing to get into police car, van called.

 

Details of Mitigation:

Small quantity of drugs.  Re counts 5, 6, 7 and 8:  Accepts he was drunk, thought victims were older than they were.  Had a bleak existence of late some encouraging signs though, accepts need for probation supervision, would live at shelter.

 

Previous Convictions:

9 fraud; 12 dishonesty; 4 drugs; 8 miscellaneous.

 

Conclusions:

 

 

Count 1:	1 month's imprisonment.
Count 2:	3 months' imprisonment, concurrent.
Count 3:	3 months' imprisonment, concurrent.
Count 4:	2 weeks' imprisonment, consecutive to counts 1 - 3.
Count 5:	6 months' imprisonment.
Count 6:	6 months' imprisonment.
Count 8:	9 months' imprisonment, concurrent with Counts 5 & 6, but consecutive to counts 1 -4.

 

Breach of binding over order: 2 week's imprisonment, consecutive to counts 1 - 6 and 8.

Total Sentence:  13 months' imprisonment.

 

 

Sentence and Observations of Court:

Conclusions granted.

A very frightening experience for the victims.   Brée to be extremely ashamed of himself.  Bad record.  Account taken of length of time served on remand.

 

Shane Luke O'Shea

 

 

1 count of:	Breach of the peace (Count 7).
1 count of:	Resisting Arrest (Count 9).

 

[On 27 August, 2004, the Crown accepted Not Guilty pleas to Counts 6 and 8, but guilty to assault on the facts of count 8].

 

Breach of 6 month's binding over order, made in Magistrate's Court on 4^th February, 2004 on Guilty plea to obstructing /refusing to obey police.

 

Age:     20.

 

Plea:    Guilty.

 

Details of Offence:

See: Brée above.

 

Details of Mitigation:

 

Remorseful offering unreserved apology to the victims a reformed heroin addict, seeking employment, a gifted footballer and top of the shelter list for accommodation.  Good references handed up.

 

Previous Convictions:

 

7 drugs; 2 offences against the person; 8 dishonesty.

 

 

Conclusions:

 

Count 7:	6 months' youth detention.
Count 8:	7 months' youth detention.
Count 9:	3 months' youth detention, all concurrent.

 

 

Sentence and Observations of Court:

Behaved disgracefully Court notes progress made re drug addiction and impressed by references, wrong to send to Youth Custody though deserves it.  Conclusions varied:  12 months' Probation Order on all counts.  Court hopes O'Shea sends letter of apology to victim as stated by his counsel..

 

 

 

R.G. Morris, Esq., Crown Advocate.

Advocate A.D. Robinson for R.L. Brée.

Advocates M.J. Haines for S.L. O'Shea.

 

 

 

JUDGMENT

 

 

 

THE BAILIFF:

1.        O'Shea we will deal with you first.  You were drunk on that occasion and you behaved disgracefully as we hope you now recognise.  On the other side of the coin, we have taken note of the fact that you seem to have made good progress in conquering your drug addiction.  We have been impressed by the very good reference from the Rozel Rovers Football Club and also by the letter from your mother.  We think, having regard to that background, that it would be wrong to send you back to youth detention even though in one sense you deserve it.

2.        We are going to encourage you to continue the good progress that you are making.  We are going to place you on probation for a period of one year on all the counts to which you have pleaded guilty and it will be subject to the usual conditions that you live and work as directed by your Probation Officer. 

3.        We heard what your counsel said on your instructions about your offer to write a letter of apology to the boys whom you helped to terrify and we think that would be a good thing to do; we are not going to make it a condition but we hope you will think it appropriate to write a letter of apology in that way.

4.        Brée, this was, as we hope you appreciate, a very frightening and terrifying experience for these boys.  You ought indeed to be extremely ashamed of what you did.  You have a bad record, you got yourself drunk on this occasion and you allowed yourself to behave in this disgraceful way.

5.        We have listened carefully to the submissions made by your counsel as to what is the proper disposal for you.  We have taken account of the fact of the period of time that you have spent in custody on remand and we think that the proper way to deal with this case, although you will indeed be released in the not too distant future, is to grant the conclusions moved for by the Crown Advocate to reflect the gravity of the offences to which you have pleaded guilty.

6.        We, therefore, grant the conclusions and you will be sentenced on the different counts of the indictment and the breach of the binding over order to a total of 13 months' imprisonment as moved for by the Crown Advocate and we order the forfeiture and destruction of the drugs.

No Authorities