AG v Tadier [2007] JRC 231 (07 December 2007)

AG v Tadier [2007] JRC 231 (07 December 2007)

The seriousness of the fraud and breach of trust requires a custodial sentence, but the sentence is suspended solely due to the exceptional needs of the defendant's autistic child, whose welfare would be severely compromised by the defendant's imprisonment.

Citation
[2007] JRC 231
Parties
Defendant: Mrs Tadier; Employer/complainant: A.C.E.T.
Jurisdiction
Jersey
Judgment Date
07 December 2007
Procedural Posture
Criminal / Sentencing Judgment
Outcome
2 years' imprisonment suspended for 2 years, with supervision order and 12-month driving disqualification.
Legal Topics
Fraud, Dishonesty Offences, Sentencing, Suspended Sentence, Supervision Order, Driving Disqualification
Criminal Law Fraud Dishonesty Offences Sentencing Suspended Sentence Supervision Order Driving Disqualification

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Parties

Mrs Tadier

Defendant

A.C.E.T.

Employer/complainant

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Whether the defendant's circumstances are exceptional enough to avoid a custodial sentence for fraud
  2. 2 Appropriate sentence for fraud and dishonesty offences committed while in a position of trust

Ratio Decidendi

The seriousness of the fraud and breach of trust requires a custodial sentence, but the sentence is suspended solely due to the exceptional needs of the defendant's autistic child, whose welfare would be severely compromised by the defendant's imprisonment.

Court Disposition

2 years' imprisonment suspended for 2 years, with supervision order and 12-month driving disqualification.

Orders

  • 2 years' imprisonment on counts 1-52, 53-63, 65-67, 68-72, 73-76, 81 (concurrent); 4 months' imprisonment on count 87 (concurrent); 6 months' imprisonment on count 88 (concurrent); all sentences suspended for 2 years under the Criminal Justice (Suspension of Prison Sentences)(Jersey) Law 2003.
  • Supervision order for 2 years under Article 6 of the same law.