AG v Manning [2018] JRC 230 (12 December 2018)

AG v Manning [2018] JRC 230 (12 December 2018)

Significant breach of trust by a solicitor warrants a custodial sentence; personal circumstances do not amount to exceptional justification for suspension or reduction below 3½ years imprisonment. English Sentencing Guidelines are not determinative for quantum in Jersey.

Citation
[2018] JRC 230
Parties
Defendant: Defendant; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
12 December 2018
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Fraudulent Conversion, Breach of Trust, Money Laundering, Sentencing Guidelines
Criminal Law Money Laundering Professional Misconduct Fraudulent Conversion Breach of Trust Sentencing Guidelines

Case Brief

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Parties

Defendant

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 fraudulent conversion by a solicitor
  2. 2 failure to comply with Money Laundering (Jersey) Order 2008
  3. 3 appropriate sentencing for breach of trust

Ratio Decidendi

Significant breach of trust by a solicitor warrants a custodial sentence; personal circumstances do not amount to exceptional justification for suspension or reduction below 3½ years imprisonment. English Sentencing Guidelines are not determinative for quantum in Jersey.

Court Disposition

convicted and sentenced

Orders

  • 3½ years imprisonment on each count of fraudulent conversion (First Indictment), concurrent
  • 8 months imprisonment on money laundering count (Second Indictment), concurrent