1999/104 - AG v Gladwin [1999] UR 104 (11 June 1999)

1999/104 - AG v Gladwin [1999] UR 104 (11 June 1999)

The court determined that, despite the breach of trust, exceptional circumstances and strong probation recommendation justified probation and community service instead of immediate imprisonment.

Citation
[1999] UR 104
Parties
Defendant: Gladwin; Victim: C R (Jersey) Limited; Victim: Mr. Trenear; Prosecutor: Crown Advocate
Jurisdiction
Jersey
Judgment Date
11 June 1999
Procedural Posture
Criminal / Sentencing
Outcome
defendant sentenced to 2 years probation including 180 hours community service, with two compensation orders and default imprisonment provisions
Legal Topics
Breach of Trust, Compensation Orders, Probation, Community Service
Criminal Law Breach of Trust Compensation Orders Probation Community Service

Case Brief

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Parties

Gladwin

Defendant

C R (Jersey) Limited

Victim

Mr. Trenear

Victim

Crown Advocate

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 whether breach of trust warrants immediate imprisonment
  2. 2 appropriateness of community service and compensation orders

Ratio Decidendi

The court determined that, despite the breach of trust, exceptional circumstances and strong probation recommendation justified probation and community service instead of immediate imprisonment.

Court Disposition

defendant sentenced to 2 years probation including 180 hours community service, with two compensation orders and default imprisonment provisions

Orders

  • 2 years probation including 180 hours community service
  • compensation order to C R (Jersey) Limited: balance with interest at court rate, £42/month, default 1 month imprisonment