Pre-Sentence for Possession With Intent to Supply Drugs - Report Example

Youth Justice By: PRE-SENTENCE REPORT FOR ICELAND CROWN COURT 30.01.15 SHAUN FLATT 22.04.1997 (17 YEARS) C/O ROBBIN HOOD YOI Offence(s): Possession with Intent to Supply Class A 25.06.14 4. Assessment of Risk to the Community 4.1 In as much as there is no evidence that points to the fact that Shaun has used class A drugs before, the frequency at which he has overtime repeated some of the crimes he had committed earlier do not favor him one or the other. This is majorly because Shaun went ahead and got involved in activities like theft and robbery on several occasions even after he had been reprimanded for such criminal activities in the past. This is the second time Shaun is being held for crimes of intending to supply class A drugs and if stern action is not taken, he may propagate a similar activity in the near future. Moreover, such an event may cause harm to the community in case law enforcing do not avert such an attempt (Junger 2009, pg. 69). It is imperative for the entities involved in this scenario to take into consideration the fact that Shaun has in the past effected some of the crimes for which he had been castigated. 4.2 Shaun may have pleaded guilty to the charges of intending to supply class A drugs in good faith. Additionally, that may appear to be a sign of him exhibiting a remorseful attitude towards the charges he is facing. That notwithstanding, the fact that he has failed to provide the investigating team with more insight on the activities leading to his arrest raise more concerns. This hypothesis is because all the evidence points towards the perception that Shaun is part of a larger establishment. The fact that he has refused to co-operate further confirms this assertion. 4.3 In the past, Shaun has been convicted for robbery and theft charges on several occasions. Just before Shaun was brought in to face the current charges, he had been penalized for intending to supply class A drugs. The fact that Shaun has overtime perpetrated some of the crimes for which he had been castigated earlier implies that he has not been responding to the correction mechanisms as expected. To this effect, it is imperative for an ideal action to be taken this time round with the aim of ascertaining that he does not reiterate the same activity again, as doing so will bring about great harm to the community at large. In as much as Shaun has overtime co-operated while serving the previous sentences, it is far-reaching to take into consideration the fact that Shaun had been found guilty of breaching his Detention and Training Order once. In as much as he went ahead and served the remaining duration without any other offence, it is not clear if Shaun may defy conviction protocols again, given that he has frequently demonstrated the ability to get involved in past crimes. 4.4 As highlighted in the section above that focuses on the patterns of offending behaviour, it is clear that Shaun seldom learns from some of the involvements he goes through. This is majorly because his crimes have been steadily escalating from theft to robbery and further to intending to supply class A drugs. The correction mechanisms employed by our justice system are always aimed at ensuring that an individual quits unlawful acts and embraces measures that may positively influence his or her well-being (Shaw 2014, pg. 104). The fact that Shaun has been getting involved in more serious crimes instead of turning a new leaf denotes that different approaches should be employed in an attempt to ensure that he changes his way of life. Life, notably our society has given Shaun a second chance. As a community, the responsibility is conferred upon us to ensure that he brings out the best out of himself. This can only be achievable if we do not relent in our efforts to make him change the ideologies upon which his life has been founded for such a considerable duration. 4.5 The family that an individual comes from plays an integral role in defining the kind of life that someone settles on. At seventeen, Shaun may be mature enough to arrive at correct verdicts. That notwithstanding, it is of great significance to acknowledge the fact that Shaun did not have an ideal upbringing, as he had missed both motherly and fatherly figures, an event that might have had an impact in the kind of life that he is presently leading. Moreover, the fact that Shaun is not often interested in a particular activity when in the company of his friends further reaffirms the fact that the judicial system is the only approach that can be employed in an attempt to bring out the best out of Shaun as an individual. In addition, it is of great significance to recognize the role that has been played by his paternal aunt as well. 4.6 From the asset analysis carried out on Shaun, it is clear that his living arrangements have often played a role in the recurrence of the offences. This is because had he embraced an upright way of life, he would have responded positively to the judicial mechanisms he had already been subjected (Shaw 2014, pg. 108). In like manner, the event that Shaun often indulges in the use of drugs makes him highly susceptible to some of the criminal activities. The lack of proper education is similarly a contributing factor, as any form of training would have provided Shaun with the mental and emotional strength to have the correct attitude towards life, thereby making sure that he has the motivation to change his living arrangement. 4.7 The class A drugs that Shaun intended to supply would have been harmful to the community for they often affect the health of the individuals who consume them. In addition, research has often justified the fact that long-term consumption of such drugs negatively influences both the social and economic aspects of not only their users, but their families as well. 4.8 Shaun’s case is highly serious given the fact that he intended to supply class A drugs. Of greater concern however, is the fact that there is a high likelihood of the perpetrator taking part in a similar crime in case proper correction approaches are applied. 5.0 Conclusion and Sentence Proposal 5.1 From the facts highlighted in the section above, the major concern of the case is the fact that Shaun may not respond to the judicial system and may be involved in a similar crime given his offence history (Fox et al 2013, 131). Nevertheless, it is imperative to take into consideration the fact that he had spent about four and a half months in custody before pleading guilty to the charges. Similarly, it is far-reaching to acknowledge the fact that Shaun has on cooperated on several occasions in the course of his sentences. 5.2 In reaching the sentence proposal, I have considered several factors including the seriousness of the crime as well as section 44 of the Children’s and Young Persons act of 1993, which focuses on the well-being of the person while he or she is undertaking sentence. 5.3 Over and above, the sentence is fair as enshrined in our constitution. In addition, it considers the offence history of the party, as well as the fact that a proper approach has to be taken in order to ensure that Shaun does not take part in activities of similar magnitude. 5.4 Given all the facts thereof, this court sentences Shaun Flatt to a 24 month Detention and Training Order for possession and intention to sell class A drugs. The sentence is to be comprised of a Youth Rehabilitation Order for 12 months, as well as a tagged curfew runs from 9pm to 6am for 90 days. 5.5 Given the seriousness of the crime, Shaun Flatt is likely to fulfil the entire sentence, as he is set to turn eighteen in due course and such a crime would warrant a heavy sentence for adults. In addition, it would be in the best interest of the accused to serve the sentence while exercising good behavior, for failure to do so may lead to the DTO being withdrawn, an event that would not be favorable for his overall well-being. 5.6 As is always the case, the family of Shaun Flatt will not find this easy, but the justice system has given Shaun another chance to turn things around and get it right. The training aspect will ascertain that Shaun drops some of the bad ideologies upon which he has overtime based his life decisions (Fox et al 2013, pg. 132). In addition, it would provide him with the opportunity to create something for himself. Ideally, this would come in handy given that Shaun is soon turning eighteen and would need to start fending for himself as other responsible citizens of this nation do. 5.7 As highlighted in the section 5.4 above, a twelve-month YRO is to be within the sentence. The same applies to the 9pm to 6am curfew. References Fox, D., & Arnull, E. (2013). Social work in the youth justice system: a multidisciplinary perspective. Maidenhead, McGraw Hill Education/Open University Press. Junger-tas, J., & Dünkel, F. (2009). Reforming juvenile justice. Dordrecht [The Netherlands], Springer. Shaw, J. (2014). Residential childrens homes and the youth justice system: identity, power and perceptions. http://www.palgraveconnect.com/doifinder/10.1057/9781137319616. Read More