AG -v- Barnett-Roberts [2013] JRC 042B (22 February 2013)

AG -v- Barnett-Roberts [2013] JRC 042B (22 February 2013)

Given the high degree of trust breached, the severe impact on the Association, and the absence of exceptional circumstances, a custodial sentence of 3 years is appropriate for the offences committed.

Citation
[2013] JRC 042B
Parties
Prosecution: The Crown; Defendant: Defendant; Victim: Silver Star Community Playgroup Association
Jurisdiction
Jersey
Judgment Date
22 February 2013
Procedural Posture
Criminal / Sentencing Judgment
Outcome
convicted and sentenced
Legal Topics
Fraudulent Conversion, Criminal Breach of Trust, Malicious Damage, Resisting Arrest, Sentencing
Criminal Law Fraudulent Conversion Criminal Breach of Trust Malicious Damage Resisting Arrest Sentencing

Case Brief

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Parties

The Crown

Prosecution

Defendant

Defendant

Silver Star Community Playgroup Association

Victim

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 What is the appropriate sentence for fraudulent conversion and related offences committed by a person in a position of trust?
  2. 2 Are there exceptional circumstances to avoid a custodial sentence for criminal breach of trust?
  3. 3 Should compensation be ordered given the defendant's financial circumstances?

Ratio Decidendi

Given the high degree of trust breached, the severe impact on the Association, and the absence of exceptional circumstances, a custodial sentence of 3 years is appropriate for the offences committed.

Court Disposition

convicted and sentenced

Orders

  • 2 years 9 months' imprisonment for each fraudulent conversion count, concurrent
  • 1 month's imprisonment for malicious damage, consecutive