AG -v- Donachie [2009] JRC 229 (27 November 2009)

AG -v- Donachie [2009] JRC 229 (27 November 2009)

A custodial sentence is mandatory for larceny as a servant involving breach of trust unless exceptional circumstances exist, which are not present here; some mitigation allowed for youth and guilty plea.

Source-derived case information.

Citation
[2009] JRC 229
Parties
Defendant: Donachie; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
27 November 2009
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Larceny as a Servant, Breach of Trust, Sentencing, Mitigation
Criminal Law Larceny as a Servant Breach of Trust Sentencing Mitigation

Source-derived case record

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Parties

Donachie

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for larceny as a servant involving breach of trust
  2. 2 Effect of guilty plea and attempted withdrawal on mitigation

Ratio Decidendi

A custodial sentence is mandatory for larceny as a servant involving breach of trust unless exceptional circumstances exist, which are not present here; some mitigation allowed for youth and guilty plea.

Court Disposition

convicted and sentenced

Orders

  • 27 months' imprisonment, concurrent on each count