AG -v- Mortlock [2010] JRC 099 (28 May 2010)

AG -v- Mortlock [2010] JRC 099 (28 May 2010)

A custodial sentence is inevitable for theft by an employee in a position of trust, especially where the breach is flagrant and no exceptional circumstances exist. Mitigation such as gambling addiction and guilty plea do not outweigh the need for deterrence and punishment.

Citation
[2010] JRC 099
Parties
Victim: Mechanics Institute; Defendant: [Defendant Name Not Provided]
Jurisdiction
Jersey
Judgment Date
28 May 2010
Procedural Posture
Criminal / Sentencing
Outcome
conviction and custodial sentence
Legal Topics
Theft, Breach of Trust, Sentencing
Criminal Law Theft Breach of Trust Sentencing

Case Brief

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Parties

Mechanics Institute

Victim

[Defendant Name Not Provided]

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for theft by employee in position of trust
  2. 2 Consideration of mitigation including gambling addiction and guilty plea

Ratio Decidendi

A custodial sentence is inevitable for theft by an employee in a position of trust, especially where the breach is flagrant and no exceptional circumstances exist. Mitigation such as gambling addiction and guilty plea do not outweigh the need for deterrence and punishment.

Court Disposition

conviction and custodial sentence

Orders

  • 18 months' imprisonment