1999/48 - AG v Austin [1999] UR 48 (12 March 1999)

1999/48 - AG v Austin [1999] UR 48 (12 March 1999)

The defendant's abuse of trust, repeated offences over more than twelve months, and the financial harm caused justified a custodial sentence to protect the public and deter similar conduct.

Citation
[1999] UR 48
Parties
Defendant: Austin; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
12 March 1999
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Theft, Fraud, Abuse of Trust, Sentencing
Criminal Law Theft Fraud Abuse of Trust Sentencing

Case Brief

Summary, issues, holding and outcome

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Parties

Austin

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the defendant's conduct in selling goods under hire purchase agreements constituted criminal offences
  2. 2 Appropriate sentence for offences involving breach of trust and fraud

Ratio Decidendi

The defendant's abuse of trust, repeated offences over more than twelve months, and the financial harm caused justified a custodial sentence to protect the public and deter similar conduct.

Court Disposition

convicted and sentenced

Orders

  • Twelve months imprisonment, concurrent on each count, including four weeks already spent in custody.