AG -v- Quemard [2017] JRC 168 (13 October 2017)

AG -v- Quemard [2017] JRC 168 (13 October 2017)

Given the serious breach of trust, the amount stolen, and absence of exceptional circumstances, a custodial sentence is inevitable. Mitigation for delay in prosecution justified a reduction in sentence length. No compensation order imposed due to lack of means to pay.

Citation
[2017] JRC 168
Parties
Defendant: [Defendant Name Not Provided]; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
13 October 2017
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Larceny as a Servant, Dishonesty Offences, Breach of Trust, Sentencing, Mitigation, Compensation Order
Criminal Law Larceny as a Servant Dishonesty Offences Breach of Trust Sentencing Mitigation 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 3 Authorities cited 8 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

[Defendant Name Not Provided]

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether exceptional circumstances exist to avoid a custodial sentence for larceny as a servant involving serious breach of trust
  2. 2 Appropriate length of custodial sentence given the amount stolen and mitigation
  3. 3 Whether a compensation order should be imposed

Ratio Decidendi

Given the serious breach of trust, the amount stolen, and absence of exceptional circumstances, a custodial sentence is inevitable. Mitigation for delay in prosecution justified a reduction in sentence length. No compensation order imposed due to lack of means to pay.

Court Disposition

convicted and sentenced

Orders

  • 3 months' imprisonment on Count 1
  • 18 months' imprisonment, consecutive, on Counts 2 to 50 (total 21 months)