AG v Fernandes [2018] JRC 163 (07 September 2018)

AG v Fernandes [2018] JRC 163 (07 September 2018)

No exceptional circumstances were found to depart from the policy of imprisonment for fraud involving breach of trust; mitigation warranted a reduction in sentence but not a non-custodial outcome.

Citation
[2018] JRC 163
Parties
Prosecutor: Attorney General; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
07 September 2018
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Fraud, Sentencing, Confiscation Order, Deportation
Criminal Law Fraud Sentencing Confiscation Order Deportation

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 4 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

Attorney General

Prosecutor

Defendant

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for multiple counts of fraud
  2. 2 Whether exceptional circumstances exist to depart from sentencing policy
  3. 3 Whether to recommend deportation

Ratio Decidendi

No exceptional circumstances were found to depart from the policy of imprisonment for fraud involving breach of trust; mitigation warranted a reduction in sentence but not a non-custodial outcome.

Court Disposition

convicted and sentenced

Orders

  • Confiscation Order in the sum of £12,746.71
  • Imprisonment: 16 months total (Counts 2, 3, 4 concurrent: 12, 8, 16 months respectively)