The Attorney General v Helder Manuel De Sousa Loureiro

• Jurisdiction: Jersey
• Court: Royal Court
• Judge: Bailiff
• Judgment Date: 21 April 2017
• Neutral Citation: [2017] JRC 64
• Date: 21 April 2017

[2017] JRC 064

Royal Court

(Samedi)

Before:

W. J. Bailhache, Esq., Bailiff, and Jurats Ramsden and Thomas

The Attorney General

and

Helder Manuel De Sousa Loureiro

R. MacRae, Esq., Attorney General appeared for the Crown.

Advocate R. S. Tremoceiro for the Defendant.

Authorities

AG -v- Prior [2002] JLR 11 .

Harrison -v- AG [2004] JLR 111 .

AG -v- Bulpin [2016] JRC 124 .

Inferior Number Sentencing — drugs — possession — Class A — grave and criminal assault — possession of offensive weapon

Sentencing by the Inferior Number of the Royal Court, following guilty pleas to the following charges:

First Indictment

1 count of: Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978 (Count 1).

Second Indictment

1 count of: Grave and criminal assault (Count 1).

1 count of: Having in a public place an offensive weapon, contrary to Article 43 of the Firearms (Jersey) Law 2000 (Count 2).

Age : 29.

Plea: Guilty.

Details of Offence:

First Indictment

On 1 ^st October, 2016, the defendant was involved in a dispute outside Havana Nightclub in Bath Street. A police officer spoke to the defendant and formed the opinion that he was under the influence of something. The defendant was searched and found to be in possession of 1 yellow triangular tablet. This tablet was analysed and found to contain MDMA (ecstasy).

Second Indictment

The defendant and complainant are known to one another and have a history of conflict. On 11 ^th October the complainant and defendant walked past each other near Roberts Garage. Words were exchanged. The defendant walked to his girlfriend's house nearby. The defendant saw the complainant walk into Unifare Stores on Le Geyt Road and the defendant walked over to the entrance of the shop. The defendant and complainant shouted at each other before the defendant walked to a nearby fence and removed a wooden plank from the fence. The defendant then entered the shop and struck the complainant once. The complainant raised his hands to protect himself and was struck on the hand. The defendant then left the shop and threw the wooden plank into a nearby garden.

The complainant suffered a full thickness cut to his left hand which measured 5.5 cm and required nine stitches to close.

Details of Mitigation:

Guilty plea, provocation, previous history with the complainant and medical difficulties.

Previous Convictions:

Seven previous convictions for 22 offences, including five drug offences between 2007 and 2016.

Conclusions:

First Indictment

Count 1: 4 weeks' imprisonment.

Second Indictment

Count 1: 12 months' imprisonment, concurrent to the First Indictment.

Count 2 6 months' imprisonment concurrent.

Total: 12 months' imprisonment.

Forfeiture and destruction of the drugs sought.

Compensation Order sought in the sum of between £100–£300.

Forfeiture and destruction of the wooden plank sought.

Sentence and Observations of Court:

The Court took into consideration that the defendant had spent the equivalent of 6 months on remand and sentenced as follows:

First Indictment

Count 1: 50 hours' Community Service Order, equivalent to 1 month's imprisonment.

Second Indictment

Count 1: 180 hours' Community Service Order, equivalent to 12 months' imprisonment, concurrent to the First Indictment.

Count 2: 120 hours' Community Service Order, equivalent to 6 months' imprisonment, concurrent.

Total: 180 hours' Community Service Order, equivalent to 12 months' imprisonment together with a 12 month Probation Order.

Forfeiture and destruction of the drugs ordered.

No Compensation Order made.

Bailiff

THE

1 You are here to be sentenced on two Indictments. The First Indictment charges the possession of an ecstasy tablet....