AG -v- Christmas [2013] JRC 068 (08 April 2013)

AG -v- Christmas [2013] JRC 068 (08 April 2013)

The court determined that Mrs Cotrel suffered a loss of £100,000 as a result of Mr Christmas's offence and, considering the defendant's available assets and ability to pay, ordered compensation in that amount, structured in two instalments.

Citation
[2013] JRC 068
Parties
Applicant: Attorney General; Victim: Mrs Cotrel; Defendant: Mr Christmas
Jurisdiction
Jersey
Judgment Date
08 April 2013
Procedural Posture
Criminal / Compensation Order Application
Outcome
compensation order granted
Legal Topics
Compensation Order, Restitution, Fraud, Reckless Misrepresentation
Criminal Law Compensation Order Restitution Fraud Reckless Misrepresentation

Case Brief

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Parties

Attorney General

Applicant

Mrs Cotrel

Victim

Mr Christmas

Defendant

Procedural Posture

Criminal / Compensation Order Application

Legal Issues

  1. 1 Whether compensation should be ordered for loss suffered by Mrs Cotrel due to Mr Christmas's conviction for reckless misrepresentation
  2. 2 Appropriate quantum and terms of compensation order

Ratio Decidendi

The court determined that Mrs Cotrel suffered a loss of £100,000 as a result of Mr Christmas's offence and, considering the defendant's available assets and ability to pay, ordered compensation in that amount, structured in two instalments.

Court Disposition

compensation order granted

Orders

  • £60,000 payable within 28 days
  • £40,000 payable within 12 months