AG -v- Ogilvie and Brockwell [2007] JRC 023 (02 February 2007)

AG -v- Ogilvie and Brockwell [2007] JRC 023 (02 February 2007)

Despite the usual policy of custodial sentences for theft by employees, exceptional circumstances including mitigation and the need to address gambling addiction justified community service and probation instead of imprisonment.

Citation
[2007] JRC 023
Parties
Defendant: Mr Ogilvie; Defendant: Mr Brockwell; Prosecutor: The Crown
Jurisdiction
Jersey
Judgment Date
02 February 2007
Procedural Posture
Criminal / Sentencing
Outcome
community service and probation imposed; no compensation order
Legal Topics
Theft, Breach of Trust, Sentencing, Community Service, Probation, Compensation Order
Criminal Law Theft Breach of Trust Sentencing Community Service Probation Compensation Order

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Parties

Mr Ogilvie

Defendant

Mr Brockwell

Defendant

The Crown

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for theft by employee with breach of trust
  2. 2 Appropriate sentence for handling stolen goods
  3. 3 Whether to impose compensation order

Ratio Decidendi

Despite the usual policy of custodial sentences for theft by employees, exceptional circumstances including mitigation and the need to address gambling addiction justified community service and probation instead of imprisonment.

Court Disposition

community service and probation imposed; no compensation order

Orders

  • Mr Ogilvie: 240 hours community service, 2 years probation with condition to attend Community Counselling Project as directed by Probation Office; no compensation order
  • Mr Brockwell: 180 hours community service; no compensation order