AG v Baker 04-Mar-2021 [2021] JRC 062 (04 March 2021)

AG v Baker 04-Mar-2021 [2021] JRC 062 (04 March 2021)

Given the delay since the offences, the defendant's low risk of reconviction, and substantial mitigation, the court departs from its usual policy and imposes community service rather than a custodial sentence.

Citation
[2021] JRC 062
Parties
Prosecution: The Attorney General; Defendant: Defendant; Victim: Sure (Jersey) Ltd
Jurisdiction
Jersey
Judgment Date
04 March 2021
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Larceny by Servant, Money Laundering, Sentencing, Mitigation, Community Service
Criminal Law Larceny by Servant Money Laundering Sentencing Mitigation Community Service

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Parties

The Attorney General

Prosecution

Defendant

Defendant

Sure (Jersey) Ltd

Victim

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for larceny by servant and laundering proceeds
  2. 2 Consideration of mitigation and delay in prosecution

Ratio Decidendi

Given the delay since the offences, the defendant's low risk of reconviction, and substantial mitigation, the court departs from its usual policy and imposes community service rather than a custodial sentence.

Court Disposition

convicted and sentenced

Orders

  • 180 hours' Community Service on each of four counts, concurrent (total 180 hours, equivalent to 12 months' imprisonment)
  • Compensation Order: £912 to Person A, payable at £100/month, default 3 weeks' imprisonment