AG -v- Fernandes [2017] JRC 208 (08 December 2017)

AG -v- Fernandes [2017] JRC 208 (08 December 2017)

There were no exceptional circumstances to avoid a custodial sentence for substantial fraud in breach of trust; concurrent sentences are appropriate for related dishonesty offences; forfeiture of items used in fraud is justified; deportation is warranted as the defendant's continued presence is detrimental to the community and not outweighed by Convention rights.

Citation
[2017] JRC 208
Parties
Prosecutor: Crown
Jurisdiction
Jersey
Judgment Date
08 December 2017
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Fraud, Dishonesty Offences, Sentencing, Deportation, Forfeiture of Property
Criminal Law Fraud Dishonesty Offences Sentencing Deportation Forfeiture of Property

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Parties

Crown

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether exceptional circumstances exist to avoid a custodial sentence for substantial fraud in breach of trust
  2. 2 Appropriateness of concurrent sentences for additional dishonesty offences
  3. 3 Justification for forfeiture orders under the Criminal Justice (Forfeiture Orders)(Jersey) Law 2001

Ratio Decidendi

There were no exceptional circumstances to avoid a custodial sentence for substantial fraud in breach of trust; concurrent sentences are appropriate for related dishonesty offences; forfeiture of items used in fraud is justified; deportation is warranted as the defendant's continued presence is detrimental to the community and not outweighed by Convention rights.

Court Disposition

convicted and sentenced

Orders

  • 18 months' imprisonment for Counts 1 and 3
  • 12 months' imprisonment concurrent on Counts 5-14