AG -v- Cardoso [2009] JRC 044 (06 March 2009)

AG -v- Cardoso [2009] JRC 044 (06 March 2009)

Exceptional family circumstances, the defendant's remorse, and the disproportionate impact on her children justified a non-custodial sentence despite the seriousness of the fraud and breach of trust.

Citation
[2009] JRC 044
Parties
Prosecution: The Crown; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
06 March 2009
Procedural Posture
Criminal / Sentencing
Outcome
non-custodial sentence with probation, community service, and compensation order
Legal Topics
Fraud, Breach of Trust, Sentencing, Compensation Orders
Criminal Law Employment Law Fraud Breach of Trust Sentencing Compensation Orders

Case Brief

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Parties

The Crown

Prosecution

Defendant

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the defendant's conduct constituted a breach of trust or straightforward fraud
  2. 2 Whether exceptional circumstances justified a non-custodial sentence despite the seriousness of the offence
  3. 3 Appropriate quantum and terms for compensation order

Ratio Decidendi

Exceptional family circumstances, the defendant's remorse, and the disproportionate impact on her children justified a non-custodial sentence despite the seriousness of the fraud and breach of trust.

Court Disposition

non-custodial sentence with probation, community service, and compensation order

Orders

  • 12 months' probation and 180 hours' community service on count 1
  • 12 months' probation and 180 hours' community service on count 2, concurrent