AG -v- Dauny [2010] JRC 141 (30 July 2010)

AG -v- Dauny [2010] JRC 141 (30 July 2010)

Despite mitigating factors, offences involving breach of trust require a custodial sentence; the mitigating factors justify a reduction in sentence length but do not warrant a non-custodial sentence.

Citation
[2010] JRC 141
Parties
Defendant: Miss Dauny; Prosecutor: Attorney General; Victim: Businessman (victim)
Jurisdiction
Jersey
Judgment Date
30 July 2010
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced to imprisonment
Legal Topics
Theft, Breach of Trust, Sentencing, Mitigating Circumstances
Criminal Law Theft Breach of Trust Sentencing Mitigating Circumstances

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Miss Dauny

Defendant

Attorney General

Prosecutor

Businessman (victim)

Victim

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for theft involving breach of trust
  2. 2 Consideration of mitigating factors in sentencing

Ratio Decidendi

Despite mitigating factors, offences involving breach of trust require a custodial sentence; the mitigating factors justify a reduction in sentence length but do not warrant a non-custodial sentence.

Court Disposition

convicted and sentenced to imprisonment

Orders

  • Defendant sentenced to 12 months' imprisonment, concurrently on each count.