AG -v- Ogilvie [2014] JRC 013 (17 January 2014)

AG -v- Ogilvie [2014] JRC 013 (17 January 2014)

Given the serious breach of trust, the period and amount involved, and the defendant's prior record, custodial sentences totaling 3 years are justified, and a compensation order is appropriate.

Citation
[2014] JRC 013
Parties
Defendant: [Defendant Name Not Provided]; Prosecutor: Crown; Victim: Mr Cross; Victim: [Partner Name Not Provided]; Compensation Recipient: HSBC
Jurisdiction
Jersey
Judgment Date
17 January 2014
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Fraud, Larceny, Breach of Trust, Sentencing, Compensation Order
Criminal Law Fraud Larceny Breach of Trust Sentencing Compensation Order

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 1 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

[Defendant Name Not Provided]

Defendant

Crown

Prosecutor

Mr Cross

Victim

[Partner Name Not Provided]

Victim

HSBC

Compensation Recipient

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for fraud and larceny involving breach of trust
  2. 2 Consideration of gambling addiction as mitigation
  3. 3 Escalation of sentence due to prior record

Ratio Decidendi

Given the serious breach of trust, the period and amount involved, and the defendant's prior record, custodial sentences totaling 3 years are justified, and a compensation order is appropriate.

Court Disposition

convicted and sentenced

Orders

  • 3 months' imprisonment on Count 1 (fraud)
  • 6 months' imprisonment on Count 2 (fraud), concurrent with Count 1