AG -v- Barette 24-Mar-2006 [2006] JRC 048 (24 March 2006)

AG -v- Barette 24-Mar-2006 [2006] JRC 048 (24 March 2006)

A custodial sentence is required for a sophisticated fraud involving breach of trust, even where the amount is low, due to the deliberate manipulation of records and lack of exceptional circumstances.

Citation
[2006] JRC 048
Parties
Prosecution: The Crown; Defendant: Defendant (unnamed)
Jurisdiction
Jersey
Judgment Date
24 March 2006
Procedural Posture
Criminal / Sentencing After Conviction by Jury
Outcome
Convicted and sentenced to 12 months' imprisonment
Legal Topics
Fraud, Breach of Trust, Sentencing
Criminal Law Fraud Breach of Trust Sentencing

Case Brief

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Parties

The Crown

Prosecution

Defendant (unnamed)

Defendant

Procedural Posture

Criminal / Sentencing After Conviction by Jury

Legal Issues

  1. 1 Appropriate sentence for fraud involving breach of trust
  2. 2 Consideration of aggravating and mitigating factors in sentencing

Ratio Decidendi

A custodial sentence is required for a sophisticated fraud involving breach of trust, even where the amount is low, due to the deliberate manipulation of records and lack of exceptional circumstances.

Court Disposition

Convicted and sentenced to 12 months' imprisonment

Orders

  • Imprisonment for 12 months
  • Payment of prosecution costs not exceeding £10,000