AG v King [2019] JRC 079 (06 May 2019)

AG v King [2019] JRC 079 (06 May 2019)

A total sentence of 6 years' imprisonment was appropriate for the defendant's serious and cynical breaches of trust involving fraudulent conversion of £740,286 from a financial services company and an estate, taking into account the degree of trust reposed, the gravity and impact of the offences, the partial mitigation for a late guilty plea, but rejecting further mitigation for health or delay as the defendant was a fugitive and his health was not exceptional. Concurrent sentences were justified, and a 10-year disqualification from corporate management was warranted.

Citation
[2019] JRC 079
Parties
Defendant: The Defendant; Prosecution: Attorney General
Jurisdiction
Jersey
Judgment Date
06 May 2019
Procedural Posture
Criminal / Sentencing Judgment
Outcome
conviction and sentence upheld
Legal Topics
Fraudulent Conversion, Breach of Trust, Sentencing, Mitigation, Delay in Prosecution, Corporate Disqualification
Criminal Law Fraud Company Law Fraudulent Conversion Breach of Trust Sentencing Mitigation Delay in Prosecution +1 more

Case Brief

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Parties

The Defendant

Defendant

Attorney General

Prosecution

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Appropriate sentence for fraudulent conversion involving breach of trust in a financial services context
  2. 2 Impact of defendant's health and delay in prosecution on sentencing
  3. 3 Application of concurrent versus consecutive sentences for multiple victims

Ratio Decidendi

A total sentence of 6 years' imprisonment was appropriate for the defendant's serious and cynical breaches of trust involving fraudulent conversion of £740,286 from a financial services company and an estate, taking into account the degree of trust reposed, the gravity and impact of the offences, the partial mitigation for a late guilty plea, but rejecting further mitigation for health or delay as the defendant was a fugitive and his health was not exceptional. Concurrent sentences were justified, and a 10-year disqualification from corporate management was warranted.

Court Disposition

conviction and sentence upheld

Orders

  • 6 years' imprisonment for frauds on BFSG
  • 3 years' imprisonment concurrent for frauds on the estate of Mr Hickman