AG -v- Goncalves [2012] JRC 119 (15 June 2012)

AG -v- Goncalves [2012] JRC 119 (15 June 2012)

The established policy for theft in breach of trust mandates a custodial sentence unless exceptional circumstances are present; no such circumstances were found, so a custodial sentence was imposed.

Citation
[2012] JRC 119
Parties
Defendant: Mr Gonclaves; Prosecutor: The Crown
Jurisdiction
Jersey
Judgment Date
15 June 2012
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Theft, Breach of Trust, Sentencing, Compensation
Criminal Law Theft Breach of Trust Sentencing Compensation

Case Brief

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Parties

Mr Gonclaves

Defendant

The Crown

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for theft in breach of trust
  2. 2 Application of established sentencing policy for breach of trust offences
  3. 3 Consideration of mitigating factors in sentencing

Ratio Decidendi

The established policy for theft in breach of trust mandates a custodial sentence unless exceptional circumstances are present; no such circumstances were found, so a custodial sentence was imposed.

Court Disposition

convicted and sentenced

Orders

  • 12 months' imprisonment
  • Pay compensation of £24,504.85 within 6 months or face 6 months' imprisonment in default