1998/96 - AG v Kimber [1998] UR 96 (8 May 1998)

1998/96 - AG v Kimber [1998] UR 96 (8 May 1998)

The court found very strong mitigation in the accused's personal circumstances, and although doubting whether they amounted to exceptional circumstances, adopted a merciful approach consistent with Harris, imposing probation and community service instead of imprisonment.

Citation
[1998] UR 96
Parties
Prosecutor: Attorney General; Accused: Wendy Fay Kimber
Jurisdiction
Jersey
Judgment Date
08 May 1998
Procedural Posture
Criminal / Sentencing
Outcome
convicted
Legal Topics
Larceny as a Servant, Sentencing, Mitigation
Criminal Law Larceny as a Servant Sentencing Mitigation

Case Brief

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Parties

Attorney General

Prosecutor

Wendy Fay Kimber

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for larceny as a servant in light of strong mitigation
  2. 2 Whether exceptional circumstances exist to depart from established sentencing guidelines

Ratio Decidendi

The court found very strong mitigation in the accused's personal circumstances, and although doubting whether they amounted to exceptional circumstances, adopted a merciful approach consistent with Harris, imposing probation and community service instead of imprisonment.

Court Disposition

convicted

Orders

  • 12 months probation
  • 180 hours community service