1999/97 - AG v Hamilton, Moody, Streets. [1999] UR 97 (3 June 1999)

1999/97 - AG v Hamilton, Moody, Streets. [1999] UR 97 (3 June 1999)

Despite the seriousness of the offences and the usual requirement for immediate imprisonment, the exceptional delay of 3½ years between arrest and sentence constituted exceptional circumstances justifying probation and community service instead of custodial sentences.

Citation
[1999] UR 97
Parties
Accused: Streets; Accused: Hamilton; Accused: Moody
Jurisdiction
Jersey
Judgment Date
03 June 1999
Procedural Posture
Criminal / Sentencing Judgment
Outcome
non-custodial sentences imposed due to exceptional delay
Legal Topics
Fraud, Breach of Trust, Sentencing, Mitigation, Delay in Prosecution
Criminal Law Fraud Breach of Trust Sentencing Mitigation Delay in Prosecution

Case Brief

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Parties

Streets

Accused

Hamilton

Accused

Moody

Accused

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Appropriate sentence for fraud and breach of trust by senior employees
  2. 2 Effect of delay in prosecution on sentencing

Ratio Decidendi

Despite the seriousness of the offences and the usual requirement for immediate imprisonment, the exceptional delay of 3½ years between arrest and sentence constituted exceptional circumstances justifying probation and community service instead of custodial sentences.

Court Disposition

non-custodial sentences imposed due to exceptional delay

Orders

  • Streets: one year unsupervised probation and 120 hours’ community service
  • Hamilton: one year probation and 240 hours’ community service