AG -v- Sloan [2013] JRC 033 (08 February 2013)

AG -v- Sloan [2013] JRC 033 (08 February 2013)

Mitigation advanced does not amount to exceptional circumstances; custodial sentence is mandatory for breach of trust offences; compensation order is inappropriate due to insolvency and potential impact on spouse.

Citation
[2013] JRC 033
Parties
Prosecutor: The Crown; Accused: Defendant
Jurisdiction
Jersey
Judgment Date
08 February 2013
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Larceny as a Servant, Falsification of Accounts, Breach of Trust, Mitigation, Compensation Orders
Criminal Law Larceny as a Servant Falsification of Accounts Breach of Trust Mitigation Compensation Orders

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Parties

The Crown

Prosecutor

Defendant

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for larceny as a servant and falsification of accounts
  2. 2 Whether mitigation amounts to exceptional circumstances
  3. 3 Whether compensation order should be made

Ratio Decidendi

Mitigation advanced does not amount to exceptional circumstances; custodial sentence is mandatory for breach of trust offences; compensation order is inappropriate due to insolvency and potential impact on spouse.

Court Disposition

convicted and sentenced

Orders

  • 2½ years' imprisonment on each count, concurrent
  • No compensation order