AG -v- Blaby [2014] JRC 014 (17 January 2014)
No exceptional circumstances were found; custodial sentence is required for breach of trust offences despite mitigation.
- Citation
- [2014] JRC 014
- Parties
- Defendant: Unknown Defendant; Prosecutor: Attorney General
- Jurisdiction
- Jersey
- Judgment Date
- 17 January 2014
- Procedural Posture
- Criminal / Sentencing After Guilty Plea
- Outcome
- Convicted and sentenced to imprisonment
- Legal Topics
- Embezzlement, Larceny, Fraud, Breach of Trust, Sentencing
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Parties
Unknown Defendant
Defendant
Attorney General
Prosecutor
Procedural Posture
Criminal / Sentencing After Guilty Plea
Legal Issues
- 1 Appropriate sentence for breach of trust offences involving embezzlement, larceny, and fraud
- 2 Whether exceptional circumstances exist to avoid custodial sentence
- 3 Consideration of mitigation factors in sentencing
Ratio Decidendi
No exceptional circumstances were found; custodial sentence is required for breach of trust offences despite mitigation.
Court Disposition
Convicted and sentenced to imprisonment
Orders
- 12 months' imprisonment on Count 1 (embezzlement)
- 3 months' imprisonment on Count 2 (larceny)
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