1998/104 - AG v Hamon [1998] UR 104 (22 May 1998)

1998/104 - AG v Hamon [1998] UR 104 (22 May 1998)

Despite the seriousness of the offences, the presence of mitigating factors including the defendant's medical history, lack of significant record, and influence by another party justified a non-custodial sentence.

Citation
[1998] UR 104
Parties
Defendant: Miss Hamon; Victim: Miss Aaron; Victim: Miss Smith; Victim: Mrs Brown
Jurisdiction
Jersey
Judgment Date
22 May 1998
Procedural Posture
Criminal / Sentencing
Outcome
probation order with community service
Legal Topics
False Pretences, Cheque Fraud, Credit Card Fraud, Assault, Sentencing
Criminal Law False Pretences Cheque Fraud Credit Card Fraud Assault Sentencing

Case Brief

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Parties

Miss Hamon

Defendant

Miss Aaron

Victim

Miss Smith

Victim

Mrs Brown

Victim

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the defendant is guilty of obtaining property by false pretences
  2. 2 Whether the defendant is guilty of assault
  3. 3 Appropriate sentence for cheque and credit card fraud and assault

Ratio Decidendi

Despite the seriousness of the offences, the presence of mitigating factors including the defendant's medical history, lack of significant record, and influence by another party justified a non-custodial sentence.

Court Disposition

probation order with community service

Orders

  • 2 years probation on all counts
  • 180 hours community service to be carried out within 12 months