Jersey Unreported Judgments

Inferior Number Sentencing - breach of orders imposed by the Court on 6th October, 2017.

[2019]JRC018

Royal Court

(Samedi)

8 February 2019

Before     :

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

The Attorney General

-v-

Salome Jima-Otero

Sentencing by the Inferior Number of the Royal Court, on a breach of Community Service Order imposed on 6^th October, 2017, on the following charges:

1 count of:

Uttering a forged document (Count 2).

Age:  37. 

Plea: Breach admitted. 

Details of Offence:

On 6^th October, 2017, the defendant was sentenced by the Royal Court for one count of uttering a forged document following a guilty plea.  She was sentenced to 150 hours' Community Service, equivalent to 9 months' imprisonment.  The Court considered that the defendant had very considerable mitigation available to her and referring to the report of Dr Miguel Garcia, consultant psychiatrist, noted at paragraph 7 that "she has been diagnosed with PTSD [Post-Traumatic Stress Disorder] and the report makes it clear that imprisonment would be detrimental to her mental health".  The Defendant relocated to Portsmouth where she completed 58 hours of Community Service leaving an outstanding balance of 92 hours.  Her compliance with the Community Service Order was sporadic due to her PTSD and medical certificates were provided for absences.

Details of Mitigation:

Low risk of re-offending, vulnerable at time of the offence, failure to comply with order in large measure due to PTSD

Previous Convictions:

One conviction for driving whilst over the prescribed limit in the Magistrate's Court in 2014

Conclusions:

Breach of Community Service Order:  5 months' imprisonment, suspended for 1 year

Sentence and Observations of Court:

Conclusions granted.

Ms. E. L. Holywood, Crown Advocate.

Advocate D. C. Robinson for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        We are not going to set out the background and the details, the press will have the ability to look at the statement of facts and will therefore know that this relates to a breach of a Community Service Order.  We understand as far as we are able the reasons why you have found it a challenge to undertake the requirements of the Court Order made on that last occasion, and we have read the judgment of the Court on the previous occasion which states that you are of a low risk of reoffending and that you had considerable mitigation available to you at that time.  Having read the paperwork we respectfully agree with the assessment of the Court on the previous occasion. 

2.        We accept that your failure to complete the Community Service Order was due to a very large measure, if not entirely, to the Post-Traumatic Stress Disorder that you are suffering from at the moment and we have of course read the reports.

3.        It would be open of course to the Court to substitute a custodial sentence, but we are not going to do that, at least not one that applies straight away.

4.        Accordingly, we discharge the current orders and we impose in their stead a prison sentence of 5 months, but suspended for a period of 1 year.  Now that means that you will not go to prison, if you do not reoffend.  If you behave yourself in every way over the period of the next 12 months and are not back before any court in connection with a criminal matter then that sentence will no longer be hanging over your head.

5.        If however you do offend and you are back before a court, then you may well be sentenced and required to serve that period of imprisonment.

Authorities

AG -v- Jima-Otero [2017] JRC 163

Criminal Justice (Community Service Orders) (Jersey) Law 2001

Louis v AG [2010] JRC 170

Criminal Justice (Suspension of prison Sentences) (Jersey)Law 2003