AG v Smith [2004] JRC 074 (29 April 2004)

AG v Smith [2004] JRC 074 (29 April 2004)

The sentence must reflect the gross breach of trust over a long period and substantial amount by a finance sector employee, balanced against strong mitigation; starting point mechanism not adopted due to lack of suitable precedent; maximum disqualification imposed to protect Jersey's finance sector.

Citation
[2004] JRC 074
Parties
Defendant: Gerald Smith; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
29 April 2004
Procedural Posture
Criminal / Sentencing
Outcome
convicted
Legal Topics
Fraud, Breach of Trust, Sentencing, Disqualification Order
Criminal Law Fraud Breach of Trust Sentencing Disqualification Order

Case Brief

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Parties

Gerald Smith

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for prolonged breach of trust and fraud
  2. 2 application of mitigation in sentencing
  3. 3 use of starting point mechanism in non-drug cases

Ratio Decidendi

The sentence must reflect the gross breach of trust over a long period and substantial amount by a finance sector employee, balanced against strong mitigation; starting point mechanism not adopted due to lack of suitable precedent; maximum disqualification imposed to protect Jersey's finance sector.

Court Disposition

convicted

Orders

  • 5 years' imprisonment concurrent on each count
  • 15 years' disqualification order