1999/43 - AG v Reynolds and Ors [1999] UR 43 (26 February 1999)

1999/43 - AG v Reynolds and Ors [1999] UR 43 (26 February 1999)

Despite the seriousness of the offences and the usual appropriateness of custodial sentences for deliberate fraud, the presence of four young children and the disproportionate impact of custody on them justifies imposing community service and probation instead.

Citation
[1999] UR 43
Parties
Defendant: Mrs Reynolds; Defendant: Mr Tadier; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
26 February 1999
Procedural Posture
Criminal / Sentencing
Outcome
community service and probation imposed; no custodial sentence
Legal Topics
Fraud, False Statements, Community Service, Sentencing
Criminal Law Fraud False Statements Community Service Sentencing

Case Brief

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Parties

Mrs Reynolds

Defendant

Mr Tadier

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the defendants should receive custodial sentences for deliberate fraud involving false statements and cheating the public purse
  2. 2 Whether mitigating circumstances (children) justify a non-custodial sentence

Ratio Decidendi

Despite the seriousness of the offences and the usual appropriateness of custodial sentences for deliberate fraud, the presence of four young children and the disproportionate impact of custody on them justifies imposing community service and probation instead.

Court Disposition

community service and probation imposed; no custodial sentence

Orders

  • Mrs Reynolds: 75 hours of Community Service on count 1
  • Mrs Reynolds: 150 hours of Community Service on count 2