AG v Buckley [2001] JRC 175 (06 August 2001)

AG v Buckley [2001] JRC 175 (06 August 2001)

Custodial sentences are generally required for dishonesty offences involving breach of trust, but mitigating factors such as guilty pleas, cooperation, lesser responsibility, and positive background may justify reduced or alternative penalties.

Citation
[2001] JRC 175
Parties
Defendant: Buckley; Defendant: Kirkland; Defendant: Hébert; Defendant: White; Victim: BG Romeril & Co Ltd; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
06 August 2001
Procedural Posture
Criminal / Sentencing Judgment
Outcome
conviction and sentencing
Legal Topics
Dishonesty, Breach of Trust, Sentencing, Compensation, Community Service
Criminal Law Dishonesty Breach of Trust Sentencing Compensation Community Service

Case Brief

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Parties

Buckley

Defendant

Kirkland

Defendant

Hébert

Defendant

White

Defendant

BG Romeril & Co Ltd

Victim

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Appropriate sentencing for offences of dishonesty involving breach of trust
  2. 2 Mitigating factors in sentencing
  3. 3 Compensation orders for victims

Ratio Decidendi

Custodial sentences are generally required for dishonesty offences involving breach of trust, but mitigating factors such as guilty pleas, cooperation, lesser responsibility, and positive background may justify reduced or alternative penalties.

Court Disposition

conviction and sentencing

Orders

  • Buckley: 18 months' imprisonment on count 1, 18 months' imprisonment on count 2 (concurrent), compensation of £12,500 at £300/month (first year) and £320/month (second year) commencing two months after release, 12 months' imprisonment consecutive in default.
  • Kirkland: 9 months' imprisonment on count 3, compensation of £1,500 at £300/month commencing two months after release, 3 months' imprisonment consecutive in default.