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	Jersey Unreported Judgments
You are here: BAILII >> Databases >> Jersey Unreported Judgments >> 1999/78 - AG v Cooper [1999] UR 78 (7 May 1999) URL: http://www.bailii.org/je/cases/UR/1999/78.html Cite as: [1999] UR 78

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ROYAL COURT

(Samedi Division)

7 May 1999

Before: F C Hamon, Esq Deputy Bailiff and

Jurats Myles and Quérée

AG -v- Anthony Frederick Cooper

First Indictment:

1 count of fraudulent conversion (count 1)

1 count of larceny (count 2)

Second Indictment:

1 count of attempting to pervert the course of justice

Age: 51

Plea: Guilty

Details of Offence:

Bar and Restaurant Manager of Sports Bar at Quennevais Sports Centre. Over a seven month period converted £6,904 of Thrift Club monies to his own use. As Christmas approached and realised there would not be funds to pay out the Thrift Club, took £5,235 of the takings and left the Island. Total taken: £12,139 of which £5,830 was recovered. Gave a false name and details to police when fingerprinted. This meant his previous convictions for dishonesty were concealed, but he knew he would be found out. This was a serious breach of trust. It was only due to the generosity of his employer who reimbursed Thrift Club that victims were not individuals saving for Christmas.

Details of Mitigation:

Gambling addiction put forward but not accepted as mitigation. Guilty plea. Remorse.

Previous Convictions:

Record: 1963 - 1970: four for fraud; ten for theft. 1975 - 1977: 13 motoring offences including three DIC.

Conclusions:

First Indictment:

Count 1: 2 years imprisonment.

Count 2: 2 years imprisonment, concurrent.

Second Indictment:

Count 1: 3 months imprisonment, consecutive.

Compensation Order: £5,830 (the sum recovered).

TOTAL SENTENCE: 2 years and 3 months imprisonment.

Sentence and Observations of the Court:

Conclusions granted. This was a serious offence, therefore no reason to depart from normal policy.

Miss S E Fitz Crown Advocate

Advocate A J D Winchester for the accused

JUDGMENT

THE DEPUTY BAILIFF: Cooper is described by the Psychologist who saw him as a ‘pathological gambler’. As manager of the ‘Sports Bar’ he was responsible for banking all the monies, including those of a Thrift Club. When his gambling debts were about to be discovered as Christmas approached he took more money and left Jersey. In all, £6,904 were stolen from the Thrift Club fund and £5,235 from the bar takings. He was eventually arrested in a house in Bristol on 22^nd December, 1998; he was returned in custody and has been in custody ever since. £5,830 was recovered from the safe and is in police custody.

We now know that he gave a false name to police. Whether this was because of the driving licence, or whether it was by mistake, is really immaterial. However, he does admit having ‘chanced his arm’ with the police here when he was arrested. He used a false name to deceive his employers and - in passing - this Court when he was registered as a manager.

We have had regard to the judgment in the case of AG -v- Strzelecki (2^nd February, 1996) Jersey Unreported for this was indeed a classic breach of trust. Had the Thrift Club not been repaid by the generosity of his employers, people who could ill-afford the loss would no doubt have had their Christmas ruined.

Mr. Winchester has said all that he possibly could in the circumstances and we have read most carefully the references which were supplied to the Court. However, in a case of such seriousness we can see no reason to depart from the conclusions of the Crown. We make a Compensation Order for £5,830 and that can be paid immediately as it is held by the police, but no more.

Stand up, please, Cooper. On the first indictment, you are sentenced to two years’ imprisonment concurrent on each count. On the second indictment, you are sentenced to three months’ imprisonment, consecutive, making a total of two years and three months’ imprisonment.

Authorities

AG -v- Morrow (24^th April, 1997) Jersey Unreported.

AG -v- Brown, Scholefield (15^th October, 1993) Jersey Unreported.

AG -v- Thorne, Cavanagh (1^st November, 1996) Jersey Unreported.

AG -v- Strzelecki (2^nd February, 1996) Jersey Unreported.

AG -v- Ryall (14^th October, 1994) Jersey Unreported.