AG v Coleman [2020] JRC 023 (06 February 2020)

AG v Coleman [2020] JRC 023 (06 February 2020)

The defendant committed a gross breach of trust by defrauding the charity over 8 years, involving substantial sums and causing significant harm to the charity and its reputation. The seriousness of the offending, the length of time, and the impact on the charity warranted a sentence of 6 years for fraud offences and consecutive sentences for forgery, resulting in a total of 7 years' imprisonment.

Citation
[2020] JRC 023
Parties
Victim: JSPCA; Defendant: Mr Coleman
Jurisdiction
Jersey
Judgment Date
06 February 2020
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Fraud, Forgery, Breach of Trust, Charity Law, Sentencing
Criminal Law Fraud Forgery Breach of Trust Charity Law Sentencing

Case Brief

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Parties

JSPCA

Victim

Mr Coleman

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Extent and seriousness of fraud and forgery committed by a person in a position of trust within a charity
  2. 2 Appropriate sentence for prolonged breach of trust and financial crime
  3. 3 Mitigation factors in sentencing for financial crime

Ratio Decidendi

The defendant committed a gross breach of trust by defrauding the charity over 8 years, involving substantial sums and causing significant harm to the charity and its reputation. The seriousness of the offending, the length of time, and the impact on the charity warranted a sentence of 6 years for fraud offences and consecutive sentences for forgery, resulting in a total of 7 years' imprisonment.

Court Disposition

convicted and sentenced

Orders

  • 6 years' imprisonment on Counts 1 to 15 (fraud), concurrent on each count
  • 6 months' imprisonment on Counts 16 and 17 (forgery), concurrent with each other but consecutive to Counts 1 to 15