AG -v- Stainforth [2015] JRC 150 (06 July 2015)

AG -v- Stainforth [2015] JRC 150 (06 July 2015)

Custodial sentence is mandatory for breach of trust involving theft where no exceptional circumstances exist; mitigation factors do not justify departure from this policy.

Citation
[2015] JRC 150
Parties
Prosecutor: Attorney General; Accused: Defendant
Jurisdiction
Jersey
Judgment Date
06 July 2015
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Larceny, Breach of Trust, Drug Importation, Sentencing
Criminal Law Larceny Breach of Trust Drug Importation Sentencing

Case Brief

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Parties

Attorney General

Prosecutor

Defendant

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 whether custodial sentence is required for breach of trust involving theft
  2. 2 appropriate sentence for importation of Class C drugs

Ratio Decidendi

Custodial sentence is mandatory for breach of trust involving theft where no exceptional circumstances exist; mitigation factors do not justify departure from this policy.

Court Disposition

convicted and sentenced

Orders

  • 15 months' imprisonment for larceny
  • 3 months' imprisonment for drug importation, consecutive