Christmas -v- AG [2014] JCA 060 (05 March 2014)

Christmas -v- AG [2014] JCA 060 (05 March 2014)

The Court held that despite the appellant's insolvency, it was appropriate to make a compensation order reflecting his means, requiring payment of £30,000 by monthly instalments of £500 over five years, as this was not oppressive or an undue burden. The death of the victim before the order did not affect the validity or enforceability of the compensation order, which passes to her estate.

Citation
[2014] JCA 060
Parties
Appellant: Ian Michael Christmas; Respondent: The Attorney General
Jurisdiction
Jersey
Judgment Date
05 March 2014
Procedural Posture
Criminal Appeal / Remitted Appeal on Compensation Order
Outcome
compensation order varied
Legal Topics
Compensation Order, Means Assessment, Fraud, Sentencing, Victim Compensation
Criminal Law Compensation Order Means Assessment Fraud Sentencing Victim Compensation

Case Brief

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Parties

Ian Michael Christmas

Appellant

The Attorney General

Respondent

Procedural Posture

Criminal Appeal / Remitted Appeal on Compensation Order

Legal Issues

  1. 1 Whether a compensation order should be made against an insolvent appellant and, if so, in what amount and over what period
  2. 2 Whether the death of the victim before the order affects the compensation order

Ratio Decidendi

The Court held that despite the appellant's insolvency, it was appropriate to make a compensation order reflecting his means, requiring payment of £30,000 by monthly instalments of £500 over five years, as this was not oppressive or an undue burden. The death of the victim before the order did not affect the validity or enforceability of the compensation order, which passes to her estate.

Court Disposition

compensation order varied

Orders

  • Appellant to pay £30,000 compensation to Mrs Cotrel's estate by monthly instalments of £500 commencing 28 February 2014
  • In default of payment, four months' imprisonment imposed