AG -v- Howard 20-Jan-2006 [2006] JRC 008 (20 January 2006)

AG -v- Howard 20-Jan-2006 [2006] JRC 008 (20 January 2006)

A custodial sentence of two years' imprisonment is imposed for fraudulent conversion by an employee in a position of trust, as there are no exceptional circumstances to justify a non-custodial sentence. The application for a compensation order is refused due to doubts about whether the investigative costs are a loss resulting from the offence, the complexity of the case, and uncertainty about the defendant's ability to pay.

Citation
[2006] JRC 008
Parties
Defendant: Howard; Applicant for Compensation Order: Caversham Fiduciary Services Limited; Prosecutor: Crown
Jurisdiction
Jersey
Judgment Date
20 January 2006
Procedural Posture
Criminal / Sentencing and Compensation Application
Outcome
defendant sentenced to two years' imprisonment; compensation order application refused
Legal Topics
Fraudulent Conversion, Breach of Trust, Compensation Order, Sentencing
Criminal Law Trust Law Fraudulent Conversion Breach of Trust Compensation Order Sentencing

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Parties

Howard

Defendant

Caversham Fiduciary Services Limited

Applicant for Compensation Order

Crown

Prosecutor

Procedural Posture

Criminal / Sentencing and Compensation Application

Legal Issues

  1. 1 Appropriate sentence for fraudulent conversion by employee in position of trust
  2. 2 Whether compensation order should be granted for investigative costs

Ratio Decidendi

A custodial sentence of two years' imprisonment is imposed for fraudulent conversion by an employee in a position of trust, as there are no exceptional circumstances to justify a non-custodial sentence. The application for a compensation order is refused due to doubts about whether the investigative costs are a loss resulting from the offence, the complexity of the case, and uncertainty about the defendant's ability to pay.

Court Disposition

defendant sentenced to two years' imprisonment; compensation order application refused

Orders

  • Two years' imprisonment for the defendant
  • Application for compensation order by Caversham Fiduciary Services Limited refused