AG -v- Gosselin [2016] JRC 033C (05 February 2016)
Exceptional financial circumstances and the defendant's status as a partner, not merely a disgruntled employee, justified suspending the custodial sentence despite breach of trust and dishonesty.
- Citation
- [2016] JRC 033C
- Parties
- Defendant: Defendant (unnamed); Prosecution: Crown; Victim: Co-shareholder (unnamed)
- Jurisdiction
- Jersey
- Judgment Date
- 05 February 2016
- Procedural Posture
- Criminal / Sentencing
- Outcome
- 15 months' imprisonment suspended for 2 years on fraud offences; 6 months' imprisonment concurrent and suspended on attempted fraud offences; no compensation order made.
- Legal Topics
- Fraud, Attempted Fraud, Breach of Trust, Sentencing, Compensation Orders
Case Brief
Summary, issues, holding and outcome
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Parties
Defendant (unnamed)
Defendant
Crown
Prosecution
Co-shareholder (unnamed)
Victim
Procedural Posture
Criminal / Sentencing
Legal Issues
- 1 Whether exceptional circumstances exist to avoid immediate custodial sentence for fraud committed in breach of trust
- 2 Whether a compensation order should be made given civil dispute
Ratio Decidendi
Exceptional financial circumstances and the defendant's status as a partner, not merely a disgruntled employee, justified suspending the custodial sentence despite breach of trust and dishonesty.
Court Disposition
15 months' imprisonment suspended for 2 years on fraud offences; 6 months' imprisonment concurrent and suspended on attempted fraud offences; no compensation order made.
Orders
- 15 months' imprisonment suspended for 2 years on fraud offences
- 6 months' imprisonment concurrent and suspended on attempted fraud offences
Full Case Text
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