AG -v- Butcher [2014] JRC 144A (21 July 2014)

AG -v- Butcher [2014] JRC 144A (21 July 2014)

The seriousness of dishonesty and breach of trust by a public official requires an immediate custodial sentence; mitigating factors present were not exceptional to justify suspension; the quantum of compensation and costs must reflect acquittals and proportionality.

Citation
[2014] JRC 144A
Parties
Defendant: [Defendant Name Not Stated]; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
21 July 2014
Procedural Posture
Criminal / Sentencing
Outcome
convicted on ten counts, sentenced to immediate custody
Legal Topics
Misconduct in Public Office, Dishonesty, Breach of Trust, Sentencing, Compensation, Costs
Criminal Law Public Law Misconduct in Public Office Dishonesty Breach of Trust Sentencing Compensation Costs

Case Brief

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Parties

[Defendant Name Not Stated]

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for misconduct in public office involving dishonesty and breach of trust
  2. 2 Whether exceptional circumstances justify a suspended sentence
  3. 3 Quantum of compensation and costs

Ratio Decidendi

The seriousness of dishonesty and breach of trust by a public official requires an immediate custodial sentence; mitigating factors present were not exceptional to justify suspension; the quantum of compensation and costs must reflect acquittals and proportionality.

Court Disposition

convicted on ten counts, sentenced to immediate custody

Orders

  • 6 months' imprisonment on each count, concurrent
  • £2,000 compensation to the Parish within one month or 3 months' default imprisonment