1998/147 - Young v AG [1998] UR 147 (9 July 1998)

1998/147 - Young v AG [1998] UR 147 (9 July 1998)

The sentence of 4½ years imprisonment was appropriate and not excessive given the seriousness, persistence, and breach of trust involved in the fraud, the substantial sums involved, and the damage to public confidence, even though the convictions were limited to four counts and the conduct did not itself result in further loss to investors.

Citation
[1998] UR 147
Parties
Appellant: AG; Respondent: Robert John Young
Jurisdiction
Jersey
Judgment Date
09 July 1998
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Fraud, Sentencing, Breach of Trust, Investment Fraud
Criminal Law Financial Regulation Fraud Sentencing Breach of Trust Investment Fraud

Case Brief

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Parties

AG

Appellant

Robert John Young

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of 4½ years imprisonment for fraud was excessive or appropriate given the facts and background of the case
  2. 2 Whether the sentencing court erred by considering losses and conduct outside the four counts of conviction
  3. 3 Whether breach of trust was present and relevant to sentencing

Ratio Decidendi

The sentence of 4½ years imprisonment was appropriate and not excessive given the seriousness, persistence, and breach of trust involved in the fraud, the substantial sums involved, and the damage to public confidence, even though the convictions were limited to four counts and the conduct did not itself result in further loss to investors.

Court Disposition

appeal dismissed

Orders

  • Sentence of 4½ years imprisonment on each count to stand, concurrent.