Stealing, Assault, Possession of a Prohibited Drug - Skylas Situation - Assignment Example

DEPARTMENT OF CORRECTIVE SERVICES COURT REPORT STRICTLY CONFIDENTIAL NAME: Johnson Skyla Jayne D.o.B: 2nd October 1990 AGE: 25 ADDRESS: 55 Sunrise Vista MERRIWA WA 6030 PRESENT OFFENCES 1st February 2016 The client is accused of stealing, assault, while being in possession of a prohibited drug. The drugs include Methylamphetamine and Cannabis in Perth against conditions of his parole Perth Magistrate’s Court Charges Stealing, Assault, Possession of a Prohibited Drug (Methylamphetamine), Possession of a Prohibited Drug (Cannabis), Assault COURT HISTORY The Perth Magistrate’s Court heard this case at the fall of 1st February 2016, where Skyla plead guilty. As a result of pleading guilty, the Magistrate referred the client to the Adult Community Corrections Service in order for the Pre-Sentence Report to be prepared. K-Mart demanded that the Court to order the client to repay the damages which amounted to $87.50. However, the Magistrate ordered the repayment to be held over waiting the Pre-Sentence’s Report to be completed with instruction as to the present financial status of the client. Skyla is a lady aged 25 years old who was born on 2nd October 1990, at King Edward Memorial Hospital, Subiaco, Western Australia. Her current residence is 55 Sunrise Vista, Merriwa. Skyla has two children, a boy referred as Bailey Johnson who is three years old, and a girl who is 8 months old named Maddison Johnson. The client also lives with her younger brother called Shane Johnson who is 19 years of age. The father of the client died seven years ago and her mother remarried a year later. Both Skyla and her brother do not want to talk or share anything with their mother. They have an aunt whom they share their important things with. However, their aunt presently does not want to be in contact with them of the use of the drug by Skyla has become clear. Currently, Skyla is on a lone parent payment, which presently comprises her only way of earning. Earlier on, she was enrolled in a hairdressing apprenticeship. However, she was impregnated with Bailey forcing her to withdraw from the hairdressing apprenticeship. Recently, Skyla was working at a Woolworths store. However, she was dismissed from the post. Five years gone, Skyla was given a Cannabis Infringement Notice that demanded her to recompense a fine. She made payments of the fine for that violation and the Fines Enforcement Registry records show Skyla possess zero outstanding fines involving her. There no other identified past offenses against Skyla. RESPONSE TO PREVIOUS SUPERVISION On Monday 18th January 2016, Skyla was apprehended after a call was made to the police by the Centre Management and Security staff at Lakeside Shopping Centre Joondalup. The accused was arrested by security staff within the K-Mart store who saw her cutting open packets of nappies and inserting them in a ‘Billabong’ identified as the black backpack. When the police reached K-Mart store, Skyla was unemotional after being physically and verbally violent to the two security officers who were attending her. At first, the accused obeyed the moment the security officers enquired her to unlock her backpack. Inside, baby’s food packet and nappies were disclosed. Skyla was discovered having cash amounting to $110.00 within her pocket. The accused turned disturbing the moment security staff demanded her to accompany them to the security office to wait being attended by the police. The accused tried to flee. The moment the security man tried to hold her back she became violent. Further, on the same day (Monday 18th January 2016), as the accused was being transported from the Lakeside Shopping Centre K-Mart store by the security officers to the security office, she thumped one of the security officers by the name Mr. Wesley Peters with her closed fist. At the beginning, the accused obeyed when asked by the security officers to unfasten her backpack. Inside, baby food’s packets and nappies were unearthed. The accused turned perturbed and tried to escape. Mr. Peters ran after the accused and on getting to her, he grasped her left arm in an effort to hold her back. The accused while being held turned and thumped Mr. Peters on his left cheek. The thump brought about swelling and redness to the left cheek of Mr. Peters. On Monday 18th January 2016, Lakeside Shopping Centre security staff called the police to investigate allegations that the accused had robbed items from the K-Mart store and attacked a security officer. On arrival, the police examined the backpack Skyla possessed within their position. Besides the stolen items, a Methylamphetamine quantity was discovered within an interior bag’s compartment. Analysis disclosed the actual weight as being 0.6 grams of Methylamphetamine. The accused in this case did not become emotional but admitted that the drug was meant for her personal consumption. On further investigation of the Skyla’s backpack on Monday 18th January 2016, a quantity of Cannabis was revealed within an interior bag’s compartment. The analysis showed the actual weight to be Cannabis’ 4.7 grams. The accused accepted the Cannabis was meant for her own consumption. FAMILY BACKGROUND Philip and Samantha were happily married couples. They had a daughter known as Skyla Johnson now aged 25 years old and a son named Shane who is currently 19 years of age. Philip died of heart attack when Skyla was 15 years old. At eighteen years old, Shane went out of the home and at first hailed with friends. Before the death of their dad, they were just a regular family. Skyla was a close friend of her father and became very clingy to her mother after her father's death. During that moment, Shane never wanted to depart her mother even to attend school or meet friends. Skyla hates her step-father. Philip had a sister named Karen. Karen was the major support being for Samantha during her husband’s ailment since Samantha’s family was all back in the United Kingdom. Soon after Philip’s demise, Samantha got married by another man. This shocked Samantha and became upset by the act. After Samantha remarried, Skyla who was also very angry and upset went to live with her aunt. Samantha perceived that Karen was meddling with her life and had made Skyla hate her novel stepfather. Shane also hated his stepfather. Karen and Samantha quarrelled over this making their relationship to deteriorate and since then, their friendship has not resumed. Initially, Karen attempted to support Skyla and permitted her to sleep over the moment Samantha permitted it. However, Karen became apprehensive the moment she discovered Skyla was smoking drugs during a certain night. She became apprehensive about the repercussions it would have on her personal juvenile family, the eldest who was presently attaining her teen years and who had previously pointed out that ‘dope was cool and within the entire movies’. Karen took Skyla back home and explained the problem to Samantha, who criticized Skyla and threw Karen out of her house. Samantha warned Karen to leave her family alone. However, Karen went on seeing Skyla secretly and attempted to provide her with advice anytime she demanded it. The moment Skyla informed Karen about Dave, she advised her to exercise caution since Dave was a known drug peddler within that area. When Skyla gave birth to Bailey, Karen was living with her but admitted that she could not possess time to rear another family together with her own children and work. She was worried about Skyla’s despondency and drug use. She was also horrified that Shane was a youngster to take care of those children and Dave had freely escaped her. MARITAL SITUATION Skyla met her boyfriend, Dave, when she was only nineteen years of age and the couple moved to stay together. The couple used to have fun, hang out and smoke weed together. Initially, she had relocated home at 18 years old and went to stay with her friends. Skyla gave birth to their first born Bailey when she was 22 years of age. Since Dave never liked crying babies, he went away from the smells and noise of the infant. Dave used to utter brutal things to Skyla. Before Skyla marrying Dave, her aunt advised her to exercise caution since David was known as a drug dealer within the area. Skyla defended her position by telling Karen that Dave was the only man who loved her. A year ago, Dave came back from his hiding and reunited with his small family. He promised Skyla that he had changed and matured making them retry their relationship. However, it only took a few weeks sufficiently to impregnate Skyla. After realizing that he impregnated her, he escaped again. Skyla gave birth to Madison who is currently 8 months old. Skyla is bringing up the kids alone though his brother Shane assists her in rearing them. EDUCATION AND EMPLOYMENT At a young age, Skyla was good in school and took pleasure going and got angry if illness demanded her to remain at home. Until her 10th year (when she was 15 years old), she had a high attendance and her academic outcomes were among the best performing with her age mates. Moments after her father’s death, Skyla was referred to the Guidance Counsellor. Previously, Skyla was enrolled within a hairdressing apprenticeship which she left after becoming pregnant with Bailey. In recent days, Skyla was working at Woolworths store but, she was fired. FINANCIAL SITUATION Currently, Skyla is on a solitary parent payment, which presently makes up her only source of earnings. She is the only provider of her two kids and sometimes her brother. SUBSTANCE USE Skyla uses Methylamphetamine, Cannabis, and alcohol drugs. She began using Cannabis at the age of 19 when she met Dave. SUMMARY AND RECOMMENDATIONS Philip and Samantha were happily married couples. They had two kids namely Skyla and Shane. Skyla was the eldest child between the two. Philip died of heart attack when Skyla was just 15 years old. Her mother remarried soon after her husband’s death. This angered and worried the two children and their aunt. However, the anger and worry did not stop Samantha from continuing with her newly-wedded husband. Both children hated their stepfather. As a result of hating her father, Skyla decided to leave home and went to leave with her aunt. Later, she went to leave with her friends. As a result of the stress due to being left by her dear father and the abject poverty, Skyla decided to be married by Dave a drug dealer despite being warned by her aunt. Dave introduced Skyla to the consumption of drugs. After having their first child, Dave did not wait for the dust to settle since he ran away from home to avoid his responsibilities leaving Skyla as the sole and frustrated breadwinner. Stealing Poverty and the inability to make good decisions made Skyla engage in stealing goods at K-Mart store. Unfortunately, she was caught and taken to the Perth Magistrate Court for hearing. The recommendations regarding the course of action that would be suitable for the court to consider in relation to the client’s stealing are as in the following descriptions. The theft is referred as petty theft since the value of the goods that the client stole was less than $950 (Egan & Taylor, 2010, p. 880). As such, first, the court should consider fining the convict between $50 and $1,000 (Dabney, Togan, Topalli & Hollinger, 2006, p. 661). Second, the court should consider sentencing the convict to six months in jail as it is a first-moment petty theft’s conviction of retail commodities. Third, the court should consider to fine and incarcerate the convict in a local prison. (Egan & Taylor, 2010, p. 879). The other recommendation is that legal enforcement should play a key duty in the prevention methods through providing presentations to community agencies and schools which portray important statistics on the shoplifting consequences’. Community programs would alter the manner law enforcement handles shoplifting through strengthening others to comprehend the warning signs for shoplifting behaviour and intrude ahead of thefts taking root within the community (Blanchfield, Blanchfield, & Ladd, 2008, p. 41). Possession of a Prohibited Drug Skyla was caught possessing prohibited drugs (cannabis and 0.6 grams of Methylamphetamine). Thus, being in possession of prohibited drugs course for action recommendations are as provided in the following explanations. First, the court should issue the intensive corrections order (ICO). As such, the court would require the convict to perform 32 hours of community service every month (Ringland, Clare & Weatherburn, 2013, p.126). The convict would be required to adhere to particular conditions under the strict supervision of the Community Corrections. The convict should as well be referred to Corrective Services for evaluation to assist identify if an ICO is suitable. The second recommendation is the issue of Community Service Order (CSO) (Killias, Gillieron, Villard & Poglia, 2010, p. 126). This would entail the convict either to perform an unremunerated job within the community at the specified place by Probation and Parole (Killias, Gillieron, Villard & Poglia, 2010, p. 126). The convict would be assessed for eligibility by the Probation service's officer to determine the suitability of the convict. The other recommendation is a prison (jail) sentence (Lenton, Ferrante & Loh, 2009, p. 337). If no other suitable penalty would be available, the court would sentence the convict to a certain amount of time in jail. As such, the convict would receive a maximum imprisonment of 2 years. Assault When Skyla was arrested, she wanted to flee and became overemotional that she thumped Mr. Peters a security officer on his cheek. The assault course for action recommendations are as offered in the following explanation. The court would first demand the convict (Skyla) to pay the complainant (Mr. Peters) damages for the suffered pain (Barner & Carney, 2011, p. 239). As such, the complainant would be entitled to be offered recompense for serious discomfort and pain he underwent during the incident. The other recommendation for the courts to provide would be commanding the convict to pay damages for medical treatment that the security guard would have incurred or anticipated to incur. ________________________________________ Your Name COMMUNITY CORRECTIONS OFFICER COMMUNITY JUSTICE SERVICES Date References Barner, J. R & Carney, M. M. (2011). Interventions for Intimate Partner Violence: A Historical Review. Journal of Family Science, 26(3), 235-244. Blanchfield, K. E., Blanchfield, T. A, & Ladd, P. D. (2008). Conflict Resolution for Law Enforcement: Street-smart Negotiating. Flushing, NY: Looseleaf Law Publications. Dabney, D. A., Dugan, L., Topalli, V, & Hollinger, R. C. (2006). The Impact of Implicit Stereotyping on Offender Profiling; Unexpected Results from an Observational Study of Shoplifting. Criminal Justice and Behaviour. 33(5), 646-674. Egan, V, & Taylor, D. (2010). Shoplifting, Unethical Consumer Behaviour, and Personality. Personality and Individual Differences, 48(8), 878-883. Jackson, J. et al. (2012). Why Do People Comply with the Law? The British Journal of Criminology, 56(3), 178-186. Killias, M., Gillieron, Villard, F, & Poglia, C. (2010). How Damaging is Imprisonment in the Long-term? A Controlled Experiment Comparing Long-term Effects of Community Service and Short Custodial Sentences and Social Integration. Journal of Experimental Criminology, 6(2), 115-130. Lenton, S., Ferrante, A, & Loh, N. (2009). Dope Busts in the West: Minor Cannabis Offences in the Western Australian Criminal Justice System. Drug and Alcohol Review, 15(4), 335-341. Ringland, Clare & Weatherburn. (2013). Don, New South Wale. Bureau of Crime Statistics and Research. Impact of Intensive Correction Orders on Re-offending, The [Online]. Sydney: Bureau of Crime Statistics and Research New South Wales. Crime and Justice Bulletin: Contemporary Issues in Crime and Justice. Retrieved 27 April 2016 from http://search.informit.com.au/documentSummary;dn=344607987055016;res=IELHSS Read More