AG v Zielinski [2008] JRC 028 (22 February 2008)

AG v Zielinski [2008] JRC 028 (22 February 2008)

Given the seriousness of the breach of trust, the defendant's prior dishonesty, and absence of exceptional circumstances, a custodial sentence of 18 months is warranted for both sets of offences, to run concurrently, and deportation is recommended as his continued presence is detrimental and does not infringe rights of innocent persons or his own rights.

Citation
[2008] JRC 028
Parties
Defendant: Mr Zielinski; Prosecution: Crown; Victim: Checkers Superstore
Jurisdiction
Jersey
Judgment Date
22 February 2008
Procedural Posture
Criminal / Sentencing Judgment
Outcome
convicted and sentenced
Legal Topics
Larceny as a Servant, Falsification of Accounts, Breach of Trust, Sentencing, Deportation

Case Brief

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Parties

Mr Zielinski

Defendant

Crown

Prosecution

Checkers Superstore

Victim

Procedural Posture

Criminal / Sentencing Judgment

  1. 1 Appropriate sentence for multiple counts of larceny as a servant and falsification of accounts
  2. 2 Whether to recommend deportation following conviction for dishonesty offences

Ratio Decidendi

Given the seriousness of the breach of trust, the defendant's prior dishonesty, and absence of exceptional circumstances, a custodial sentence of 18 months is warranted for both sets of offences, to run concurrently, and deportation is recommended as his continued presence is detrimental and does not infringe rights of innocent persons or his own rights.

Court Disposition

convicted and sentenced

Orders

  • 18 months' imprisonment on counts 1 to 133 (larceny as a servant), concurrent on each and with other counts
  • 18 months' imprisonment on counts 134 to 266 (falsification of accounts), concurrent on each and with other counts