AG -v- Herivel [2005] JRC 093 (08 July 2005)

AG -v- Herivel [2005] JRC 093 (08 July 2005)

The offence was a one-off, unpremeditated breach of trust committed under exceptional personal and mental circumstances, supported by psychiatric and social reports, justifying a non-custodial sentence.

Citation
[2005] JRC 093
Parties
Complainant: Securicor; Defendant: Defendant (Transport Manager at Securicor)
Jurisdiction
Jersey
Judgment Date
08 July 2005
Procedural Posture
Criminal / Sentencing Judgment
Outcome
non-custodial sentence
Legal Topics
Breach of Trust, Sentencing, Exceptional Circumstances, Mental Health in Sentencing
Criminal Law Breach of Trust Sentencing Exceptional Circumstances Mental Health in Sentencing

Case Brief

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Parties

Securicor

Complainant

Defendant (Transport Manager at Securicor)

Defendant

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Whether exceptional circumstances exist to justify a non-custodial sentence for breach of trust
  2. 2 Appropriate sentencing for breach of trust committed under mental distress

Ratio Decidendi

The offence was a one-off, unpremeditated breach of trust committed under exceptional personal and mental circumstances, supported by psychiatric and social reports, justifying a non-custodial sentence.

Court Disposition

non-custodial sentence

Orders

  • 12 months probation with condition to attend Drug and Alcohol Service
  • 240 hours community service