1998/110 - AG v Ogilvie [1998] UR 110 (29 May 1998)

1998/110 - AG v Ogilvie [1998] UR 110 (29 May 1998)

There were no exceptional circumstances to justify a non-custodial sentence; serious breaches of trust by employees must be met with imprisonment.

Citation
[1998] UR 110
Parties
Defendant: Ogilvie; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
29 May 1998
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Theft, Breach of Trust, Sentencing, Fraud
Criminal Law Theft Breach of Trust Sentencing Fraud

Case Brief

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Parties

Ogilvie

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether exceptional circumstances exist to avoid a custodial sentence for breach of trust and theft
  2. 2 Appropriate sentence for theft and fraud involving breach of trust

Ratio Decidendi

There were no exceptional circumstances to justify a non-custodial sentence; serious breaches of trust by employees must be met with imprisonment.

Court Disposition

convicted and sentenced

Orders

  • One month imprisonment on count 1
  • Eighteen months imprisonment on count 2, concurrent with count 1