AG -v- Garraway and Hamon [2014] JRC 120 (29 May 2014)

AG -v- Garraway and Hamon [2014] JRC 120 (29 May 2014)

Given the serious breach of trust, scale of theft, and aggravating features, custodial sentences are required. Mitigation factors do not amount to exceptional circumstances. Disqualification from acting as a director is appropriate for Garraway due to the seriousness of his conduct.

Citation
[2014] JRC 120
Parties
Defendant: Mr Garraway; Defendant: Ms Hamon; Victim: Goldford; Victim: Dr Pollard; Victim: Mr Michael Lotherington
Jurisdiction
Jersey
Judgment Date
29 May 2014
Procedural Posture
Criminal / Sentencing Judgment
Outcome
conviction and sentencing
Legal Topics
Theft, Fraud, Breach of Trust, Sentencing, Disqualification of Directors
Criminal Law Company Law Theft Fraud Breach of Trust Sentencing Disqualification of Directors

Case Brief

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Parties

Mr Garraway

Defendant

Ms Hamon

Defendant

Goldford

Victim

Dr Pollard

Victim

Mr Michael Lotherington

Victim

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Appropriate sentence for theft and fraud by employees in breach of trust
  2. 2 Application of sentencing principles for breach of trust offences
  3. 3 Appropriateness of director disqualification under Companies (Jersey) Law 1991

Ratio Decidendi

Given the serious breach of trust, scale of theft, and aggravating features, custodial sentences are required. Mitigation factors do not amount to exceptional circumstances. Disqualification from acting as a director is appropriate for Garraway due to the seriousness of his conduct.

Court Disposition

conviction and sentencing

Orders

  • Mr Garraway sentenced to total of 4½ years' imprisonment.
  • Mr Garraway disqualified from acting as a director under Article 78(1) of the Companies (Jersey) Law 1991 for 10 years.