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Jersey Unreported Judgments |
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You are here: BAILII >> Databases >> Jersey Unreported Judgments >> 1998/98 - AG v Hudson [1998] UR 98 (15 May 1998) URL: http://www.bailii.org/je/cases/UR/1998/98.html Cite as: [1998] UR 98 |
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ROYAL COURT
(Samedi Division)
15 May 1998
Before: Francis Charles Hamon Esq., Deputy Bailiff and
Jurats Gruchy and Le Brocq.
AG
-v-
Michael David Hudson
1 count of larceny as a servant
Plea: Guilty
Age: 39
Details of Offence:
Whilst employed as Manager of the Spar Stores at St Ouen, Hudson stole takings for two days (4 and 5 October 1997) amounting to £2,426.94.
Details of Mitigation:
Hudson and his girlfriend had received threats in respect of debts owed by Hudson. He succumbed to temptation as a result of fear.Always intended to repay. At present cannot do so.
Previous Convictions:
5 counts of theft as an employee in May1983, before Southampton Magistrates (totalling £1,536.00). 6 months suspended sentence imposed with compensation orders.
July 1985: theft of vehicle and suspended sentences for previous offences in vote. Sentenced in total to 10 months imprisonment.
July 1992: theft by employee at Romsey Magistrates Court. Community Service Order 180 hours plus compensation of £977.50 and £25.00 costs.
Conclusions: 12 months imprisonment.
Sentence & Observation of Court: Conclusions granted.
JGP Wheeler Crown Advocate
Advocate DMC Sowden for the accused
JUDGMENT
THE DEPUTY BAILIFF: Hudson was in a position of trust. He was the Manager of the new Spar shop at St Ouen.He was being paid £250 a week when he stole £2,426. 94 to pay off personal debts.
Now this is not the first time, although - as Advocate Wheeler has reminded us - it is six years since his last offence, and twelve years since he was last in custody. He is now 39 years old.
Miss Sowden has said everything she can, but this was a blatant breach of trust. As we think Miss Sowden anticipates, and as was said in Attorney General -v- Picot, (1990):
"A person convicted of an offence involving a criminal breach of trust will receive a custodial sentence, unless there are exceptional circumstances".
We can find none in this case.
We are aware of the careful Probation Report and that custody will not help Hudson to address his problems. That is unfortunate. Hudson cannot make repayment now but we were shown a Tourism Brochure which he is preparing that might help to resolve them.
We are aware that there are differing degrees of trust. This particular breach went far beyond minimal responsibility; nor can the amounts be described as small. In those circumstances, we are confident that this case merits a period of imprisonment, and that 12 months is within the accepted band. Therefore you are sentenced to 12 months imprisonment.
Authorities
A.G -v- Picot (29 May 1990) Jersey Unreported
