AG v Harris [2004] JRC 020 (30 January 2004)

AG v Harris [2004] JRC 020 (30 January 2004)

Despite strong mitigation, the theft of £60,000 over two years by an employee in a position of trust requires an immediate custodial sentence of 18 months; neither community service nor suspension is justified as there are no exceptional circumstances.

Citation
[2004] JRC 020
Parties
Defendant: David Harris; Victim: Collect Services Limited
Jurisdiction
Jersey
Judgment Date
30 January 2004
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Theft, Breach of Trust, Sentencing, Mitigation, Suspended Sentence
Criminal Law Theft Breach of Trust Sentencing Mitigation Suspended Sentence

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 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

David Harris

Defendant

Collect Services Limited

Victim

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for theft by employee involving breach of trust
  2. 2 Whether exceptional circumstances justify community service or suspended sentence

Ratio Decidendi

Despite strong mitigation, the theft of £60,000 over two years by an employee in a position of trust requires an immediate custodial sentence of 18 months; neither community service nor suspension is justified as there are no exceptional circumstances.

Court Disposition

convicted and sentenced

Orders

  • 18 months' immediate imprisonment