1999/151B - AG v Andrade [1999] UR 151B (10 September 1999)

The accused's prolonged and deliberate deceit to obtain significant public funds justified a custodial sentence despite mitigating factors such as lack of previous convictions and financial hardship.

Citation: [1999] UR 151B
Parties: Accused: Andrade; Prosecution: Crown
Jurisdiction: Jersey
Judgment Date: 10 September 1999
Procedural Posture: Criminal / Sentencing
Outcome: conviction and sentencing
Legal Topics: Fraud, Deceit, Misappropriation of Public Funds, Sentencing

Criminal Law Fraud Deceit Misappropriation of Public Funds Sentencing

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 6

Parties

Andrade

Accused

Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

1 Whether the accused's conduct constituted deliberate and repeated deception to obtain public funds
2 Appropriate sentence for prolonged fraudulent conduct involving public funds

Ratio Decidendi

The accused's prolonged and deliberate deceit to obtain significant public funds justified a custodial sentence despite mitigating factors such as lack of previous convictions and financial hardship.

Court Disposition

conviction and sentencing

Orders

First Indictment: Count 1 - 12 months imprisonment; Count 2 - 12 months imprisonment concurrent
Second Indictment: Count 1 - £100 fine or 1 week imprisonment in default; Count 2 - £200 fine or 2 weeks imprisonment in default; Count 3 - £100 fine or 1 week imprisonment in default; Count 4 - £200 fine or 2 weeks imprisonment in default