AG v Nicholls [2017] JRC 093A (15 June 2017)

AG v Nicholls [2017] JRC 093A (15 June 2017)

Prolonged and calculated breach of trust involving large sums and numerous transactions over several years, with no exceptional circumstances, requires a custodial sentence of 4½ years. Compensation order imposed for victims.

Citation
[2017] JRC 093A
Parties
Defendant: Defendant; Victim: Royal British Legion; Victim: Jersey United Services Club
Jurisdiction
Jersey
Judgment Date
15 June 2017
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Fraud, Fraudulent Conversion, Larceny, Breach of Trust, Sentencing, Compensation Order
Criminal Law Fraud Fraudulent Conversion Larceny Breach of Trust Sentencing Compensation Order

Case Brief

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Parties

Defendant

Defendant

Royal British Legion

Victim

Jersey United Services Club

Victim

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for fraud, fraudulent conversion, and larceny involving breach of trust
  2. 2 Whether exceptional circumstances exist to avoid custodial sentence
  3. 3 Compensation order for victims

Ratio Decidendi

Prolonged and calculated breach of trust involving large sums and numerous transactions over several years, with no exceptional circumstances, requires a custodial sentence of 4½ years. Compensation order imposed for victims.

Court Disposition

convicted and sentenced

Orders

  • 1 year's imprisonment on Count 1
  • 4½ years' imprisonment on Counts 2 and 3, all sentences to run concurrently