AG v McDermott 23-Aug-2019 [2019] JRC 157A (23 August 2019)

AG v McDermott 23-Aug-2019 [2019] JRC 157A (23 August 2019)

The defendant's breach of trust and theft from charities, with no exceptional circumstances or special mitigation, mandates a custodial sentence of three years' imprisonment.

Citation
[2019] JRC 157A
Parties
Defendant: Mr McDermott; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
23 August 2019
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Larceny, Fraud, Breach of Trust, Sentencing, Charity Theft
Criminal Law Larceny Fraud Breach of Trust Sentencing Charity Theft

Case Brief

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Parties

Mr McDermott

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 sentencing for breach of trust
  2. 2 theft from charities
  3. 3 mitigation in dishonesty offences

Ratio Decidendi

The defendant's breach of trust and theft from charities, with no exceptional circumstances or special mitigation, mandates a custodial sentence of three years' imprisonment.

Court Disposition

convicted and sentenced

Orders

  • Three years' imprisonment on Counts 1-37 concurrent.
  • Two years' imprisonment on Counts 38-43 concurrent (total three years).