AG -v- Kirkum [2005] JRC 131 (23 September 2005)

AG -v- Kirkum [2005] JRC 131 (23 September 2005)

Despite mitigating factors and psychiatric concerns, the offence involved premeditation and impact on others; custodial sentence is warranted but suspended due to exceptional personal circumstances and low risk of re-offending.

Citation
[2005] JRC 131
Parties
Defence Advocate: Mrs Pearmain; Prosecution: Crown; Accused: Defendant
Jurisdiction
Jersey
Judgment Date
23 September 2005
Procedural Posture
Criminal / Sentencing Judgment
Outcome
custodial sentence suspended
Legal Topics
Breach of Trust, Sentencing, Exceptional Circumstances
Criminal Law Breach of Trust Sentencing Exceptional Circumstances

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Mrs Pearmain

Defence Advocate

Crown

Prosecution

Defendant

Accused

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Whether exceptional circumstances exist to avoid custodial sentence for criminal breach of trust
  2. 2 Appropriate sentence for breach of trust given mitigating factors

Ratio Decidendi

Despite mitigating factors and psychiatric concerns, the offence involved premeditation and impact on others; custodial sentence is warranted but suspended due to exceptional personal circumstances and low risk of re-offending.

Court Disposition

custodial sentence suspended

Orders

  • Count 1: 3 months' imprisonment
  • Counts 2-11: 18 months' imprisonment concurrent