AG v Arnold [2017] JRC 133 (25 August 2017)

AG v Arnold [2017] JRC 133 (25 August 2017)

Custodial sentences are required for serious breaches of trust involving larceny as a servant and embezzlement, especially where offending continues after being charged. Mitigation for guilty plea and character is insufficient to avoid custody. No compensation order is made due to lack of evidence of means.

Citation
[2017] JRC 133
Parties
Prosecutor: Attorney-General; Defendant: Unnamed Defendant
Jurisdiction
Jersey
Judgment Date
25 August 2017
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced to imprisonment
Legal Topics
Larceny as a Servant, Embezzlement, Sentencing, Breach of Trust
Criminal Law Larceny as a Servant Embezzlement Sentencing Breach of Trust

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Parties

Attorney-General

Prosecutor

Unnamed Defendant

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for larceny as a servant and embezzlement
  2. 2 Aggravating and mitigating factors in sentencing for breach of trust offenses
  3. 3 Whether compensation order should be made

Ratio Decidendi

Custodial sentences are required for serious breaches of trust involving larceny as a servant and embezzlement, especially where offending continues after being charged. Mitigation for guilty plea and character is insufficient to avoid custody. No compensation order is made due to lack of evidence of means.

Court Disposition

convicted and sentenced to imprisonment

Orders

  • Count 1: 12 months' imprisonment
  • Count 2: 6 months' imprisonment, concurrent