Jersey Judgment

AG -v- Dauny [2010] JRC 141 (30 July 2010)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

Despite mitigating factors, offences involving breach of trust require a custodial sentence; the mitigating factors justify a reduction in sentence length but do not warrant a non-custodial sentence.

Court disposition

convicted and sentenced to imprisonment

Orders

  • Defendant sentenced to 12 months' imprisonment, concurrently on each count.

02

Material facts

Parties

Miss Dauny

Defendant Counsel: counsel for the defendant

Attorney General

Prosecutor

Businessman (victim)

Victim

Amounts and remedies

  • Amount Stolen: GBP 19,000
  • Prison Sentence (months): 12

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

Party arguments

Applicant
The defendant pleaded guilty, expressed remorse, experienced a long delay between offence and sentencing, has a diagnosis of compulsive buying disorder, and has significant family circumstances including pregnancy and a young child. These factors should mitigate the sentence.
Respondent
Offences involved a serious breach of trust, were particularly mean, and had a serious effect on the victim. Custodial sentence is almost invariably required for such offences.

05

Court’s reasoning

  1. 01

    Court precedent

    Offences involving breach of trust almost invariably attract a custodial sentence.

  2. 02

    Court judgment

    Mitigating factors such as delay, remorse, psychological condition, and family circumstances may reduce but not eliminate custodial sentence unless exceptional circumstances exist.

06

Ratio, limits and disposition

Ratio decidendi

Despite mitigating factors, offences involving breach of trust require a custodial sentence; the mitigating factors justify a reduction in sentence length but do not warrant a non-custodial sentence.

Obiter and limits

  • The offences were particularly mean and had a very serious effect on the victim.
  • The defendant's family circumstances and psychological report were carefully considered.

Court disposition

convicted and sentenced to imprisonment

  • Defendant sentenced to 12 months' imprisonment, concurrently on each count.

Source and reliance status

Official court record

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Judgment reading view

Judgment text

The complete available source text.

Source document

Court record

Judgment

[2010] JRC 141

JUDGMENT THE commissioner: 1. This is a difficult case but, as the Court has stated on many occasions, offences involving a breach of trust of this kind almost invariably attract a custodial sentence. The offences in this case were particularly mean and had a very serious effect upon the businessman from whom the defendant stole and whom she deceived over a period of seven months. The amount involved was of the order of £19,000 although some of that loss has been transferred to the bank. The defendant has a previous conviction for theft from an employer for which a Community Service Order was imposed.

2. The Court has heard a very eloquent plea from counsel for the defendant who has said everything that could possibly be said on her behalf. The defendant has pleaded guilty and has expressed remorse for her actions. The length of time between the commission of the offences and sentence is considerable and we are going to take that very much into account.

3. We have considered carefully the report of the chartered psychologist and his diagnosis of compulsive buying disorder; we have also considered the fact that after her interview by the police, the defendant became pregnant and now has a child aged ten months. We also take into account of the fact that she is now again pregnant and that the baby is due in about seven months' time. These factors do not, in our judgement, amount to exceptional circumstances calling for a non-custodial sentence.

4. Miss Dauny, you knew what you were doing and you very honestly said that it was all too easy but you caused considerable damage to your victim and to his family and the Court, regrettably, has no alternative but to impose a prison sentence.

5. We are going to reduce the conclusions only because of the long delay between the commission of the offences and today, which was not entirely of your making, your family circumstances, which we understand, and the contents of the psychological report.

6. The sentence of the Court is that you will go to prison for 12 months, concurrently on each Count. Authorities Kirkland-v-AG [2001] JCA 200 . AG-v-Harris [2004] JRC 020 . AG-v-Congdon [2001] JRC 231 . AG-v-Pallot [2010] JRC 122 . Page Last Updated: 02 Aug 2016 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Kirkland-v-AG [2001] JCA 200

Case cited

AG-v-Harris [2004] JRC 020

Case cited

AG-v-Congdon [2001] JRC 231

Case cited

AG-v-Pallot [2010] JRC 122

Case cited

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