AG v Appleby [2002] JRC 229 (05 December 2002)

AG v Appleby [2002] JRC 229 (05 December 2002)

The seriousness of the fraud and breach of trust committed by the defendant over a prolonged period necessitates a custodial sentence, notwithstanding substantial mitigation and restitution.

Citation
[2002] JRC 229
Parties
Complainant: Jersey Freshwater Angling Association; Defendant: Defendant (unnamed)
Jurisdiction
Jersey
Judgment Date
05 December 2002
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentencing
Legal Topics
Fraud, Breach of Trust, Sentencing, Restitution
Criminal Law Fraud Breach of Trust Sentencing Restitution

Case Brief

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Parties

Jersey Freshwater Angling Association

Complainant

Defendant (unnamed)

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the defendant's fraud and breach of trust warrant a custodial sentence
  2. 2 Appropriate quantum and method of restitution
  3. 3 Consideration of mitigation and remorse

Ratio Decidendi

The seriousness of the fraud and breach of trust committed by the defendant over a prolonged period necessitates a custodial sentence, notwithstanding substantial mitigation and restitution.

Court Disposition

conviction and sentencing

Orders

  • 18 months' imprisonment on all counts, concurrent
  • 2 months' imprisonment on second indictment, concurrent