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
Summary, issues, holding and outcome
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Parties
Mr Zielinski
Defendant
Crown
Prosecution
Checkers Superstore
Victim
Procedural Posture
Criminal / Sentencing Judgment
Legal Issues
- 1 Appropriate sentence for multiple counts of larceny as a servant and falsification of accounts
- 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
Full Case Text
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