AG -v- Gibbins [2009] JRC 169 (21 August 2009)

AG -v- Gibbins [2009] JRC 169 (21 August 2009)

Given the seriousness and persistence of the defendant's dishonesty over a period of years, and despite mitigation, a custodial sentence of 12 months' imprisonment is warranted. The offences do not involve breach of trust, so the strict policy of mandatory imprisonment for such cases does not apply. Compensation orders are appropriate for the losses caused.

Citation
[2009] JRC 169
Parties
Defendant: The Defendant; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
21 August 2009
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Fraud, Sentencing, Compensation Orders
Criminal Law Fraud Sentencing Compensation Orders

Case Brief

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Parties

The Defendant

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the defendant's offences constitute breach of trust
  2. 2 Appropriate sentence for multiple counts of fraud and attempted fraud
  3. 3 Applicability of compensation orders

Ratio Decidendi

Given the seriousness and persistence of the defendant's dishonesty over a period of years, and despite mitigation, a custodial sentence of 12 months' imprisonment is warranted. The offences do not involve breach of trust, so the strict policy of mandatory imprisonment for such cases does not apply. Compensation orders are appropriate for the losses caused.

Court Disposition

convicted and sentenced

Orders

  • 12 months' imprisonment on each count, concurrent
  • Compensation order totaling £19,230.48 to be paid to specified entities