AG -v- Oliveira [2012] JRC 018 (20 January 2012)

Custodial sentences are mandatory for larceny as a servant involving breach of trust unless truly exceptional circumstances are present, which were not found in this case.

Citation: [2012] JRC 018
Parties: Defendant: [Defendant Name Not Provided]; Prosecutor: The Crown
Jurisdiction: Jersey
Judgment Date: 20 January 2012
Procedural Posture: Criminal / Sentencing
Outcome: convicted and sentenced
Legal Topics: Larceny as a Servant, Breach of Trust, Sentencing Policy

Criminal Law Larceny as a Servant Breach of Trust Sentencing Policy

Case Brief

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Parties

[Defendant Name Not Provided]

Defendant

The Crown

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

1 Appropriate sentence for larceny as a servant involving breach of trust
2 Existence of exceptional circumstances to avoid custodial sentence

Ratio Decidendi

Custodial sentences are mandatory for larceny as a servant involving breach of trust unless truly exceptional circumstances are present, which were not found in this case.

Court Disposition

convicted and sentenced

Orders

18 months' imprisonment concurrent on each count