Fitzsimmons v AG [2000] JRC 6 (20 January 2000)

Fitzsimmons v AG [2000] JRC 6 (20 January 2000)

Given the appellant's serious ill-health, lack of significant criminal record, and the suffering already endured, the period already served in prison is substituted for the original nine-month sentence, with the compensation order to stand.

Source-derived case information.

Citation
[2000] JRC 6
Parties
Appellant: Mr Tremoceiro; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
20 January 2000
Procedural Posture
Criminal Appeal / Appeal Judgment
Outcome
appeal allowed in part
Legal Topics
Sentencing, Fraud, Appeal Procedure
Criminal Law Sentencing Fraud Appeal Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr Tremoceiro

Appellant

Attorney General

Respondent

Procedural Posture

Criminal Appeal / Appeal Judgment

Legal Issues

  1. 1 Appropriate sentence for benefit fraud given mitigating circumstances
  2. 2 Applicability of Livingstone-Stewart guidelines in Jersey
  3. 3 Relevance of personal circumstances to sentencing

Ratio Decidendi

Given the appellant's serious ill-health, lack of significant criminal record, and the suffering already endured, the period already served in prison is substituted for the original nine-month sentence, with the compensation order to stand.

Court Disposition

appeal allowed in part

Orders

  • Leave to appeal granted
  • Period already served in prison substituted for nine-month sentence