AG -v- Gouveia [2016] JRC 166A (16 September 2016)

AG -v- Gouveia [2016] JRC 166A (16 September 2016)

Given the egregious breach of trust and the policy of the courts, a custodial sentence is required, but strong mitigation justifies a reduced sentence. No compensation order is made due to the defendant's means. Disqualification under Companies (Jersey) Law 1991 is ordered for 5 years.

Citation
[2016] JRC 166A
Jurisdiction
Jersey
Judgment Date
16 September 2016
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Larceny as a Servant, Breach of Trust, Sentencing, Disqualification of Directors
Criminal Law Company Law Larceny as a Servant Breach of Trust Sentencing Disqualification of Directors

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for larceny as a servant involving breach of trust
  2. 2 Whether compensation order should be made
  3. 3 Whether disqualification under Companies (Jersey) Law 1991 is appropriate

Ratio Decidendi

Given the egregious breach of trust and the policy of the courts, a custodial sentence is required, but strong mitigation justifies a reduced sentence. No compensation order is made due to the defendant's means. Disqualification under Companies (Jersey) Law 1991 is ordered for 5 years.

Court Disposition

convicted and sentenced

Orders

  • 18 months' imprisonment
  • No order for compensation