Jersey Unreported Judgments

2000/191

3 pages

ROYAL COURT

(Samedi Division)

 

29^th September, 2000

 

Before: M.C. St.J. Birt, Esq., Deputy Bailiff,

and Jurats Myles and Potter

 

 

The Attorney General

-v-

Marina Kernan

 

 

3 counts of:  fraud (counts 1, 5 and 7);

1 count of:   failing to provide a specimen of breath, contrary to Article 16C(7) of the Road Traffic (Jersey) Law, 1956, as amended

                    (count 8);

 

[On 15^th August, 2000, the accused pleaded not guilty to counts 2, 3, 4 and 6, which pleas the Crown accepted].

 

Plea:  Guilty.

 

Age:   29.

 

Details of Offence:

 

Whilst in position of trust defrauded employer re: flights for family and down payment on car.  Approx. £9,000.

 

Details of Mitigation:

 

Heavily pregnant, depression, husband's suicide attempts, sole carer for child about to be born.

 

Previous Convictions:   None relevant.

 

Conclusions: count 1: 6 months' imprisonment;

count 5: 6 months' imprisonment;

count 7: 6 months' imprisonment;

count 8: 1 week's imprisonment; 19 months' disqualification from driving;

counts 1, 5 & 7: concurrent; count 8: consecutive;

TOTAL: 6 months and 1 week's imprisonment.

 

Sentence and Observations of the Court:         12 months unsupervised Probation Order; 130 hours community service to be completed within term of Probation Order.

 

 

N.M. Santos Costa, Esq., Crown Advocate;

Advocate R. Juste for the accused.

 

JUDGMENT

 

THE DEPUTY BAILIFF:

 

1.            Between the latter part of February and the beginning of July, 1999, this defendant defrauded her employer of £6,029 by authorising payment out of company funds for her personal expenditure.  This money was spent as to £3,500 on a new car and £2,500 on air travel for her and members of her and her husband's family.

 

2.            It was an obvious breach of trust and the Court's policy in such cases is clear: save in exceptional circumstances a custodial sentence is required.

 

3.            Miss Juste has put forward a substantial number of matters in mitigation and we have also had the benefit of three very detailed and helpful reports, namely a social enquiry report, a psychological report, and a psychiatric report.

 

4.            The matters upon which Miss Juste relies include the guilty plea, although we have to say that,  as that came late in the day, the weight which can be attached to it is less than would have been the case if she had admitted it from the start.

 

5.            Miss Juste has further referred to the defendant's husband's illness at the relevant time: he was suffering from alcoholism and had made some suicide attempts.  This, in turn, so the reports make clear, led to the defendant suffering from clinical depression at the time she committed these offences.

 

6.            She used the funds for travel for members of her family in order that they could come and assist with her husband's condition and there was also illness in her husband's family.  It is said, therefore, that, save for the car, this was not reckless or selfish expenditure.

 

7.            All the reports make it clear that there is an extremely low risk of re-offending on the part of the defendant and,  through her family, she has repaid some £5,000 of the amount which she took.

 

8.            Finally, Miss Juste has referred to the fact that the defendant is expecting her first child in November and,  in view of her husband's condition - which remains problematical - she will be the primary carer for the child.

 

9.            Weighing all these matters in the balance we are able to take a merciful course.  Stand up, please, Miss Kernan.  On count 1, you will be placed on 12 months' probation with 120 hours community service.  On count 5, a similar period of probation with 30 hours community service.  On count 7, 120 hours community service.  All of those to be concurrent.  On count 8, we also impose a 12 month unsupervised probation order with 10 hours community service, but that is to be consecutive, because it was a quite  separate matter, making a total of 130 hours community service.  I should make it clear that all of the probation orders are unsupervised.  You must complete the 130 hours community service within the 12 month period as directed by the authorities in the United Kingdom.  Should you fail to complete it then you are likely to be arrested and brought back here,  in which event you will be sent to prison.

Authorities

 

AG -v- Lelliot (1^st February, 2000) Jersey Unreported.

AG -v- Morrow (25^th April, 1997) Jersey Unreported.

AG -v- Horgan (20^th December, 1996) Jersey Unreported.

AG -v- Burns (13^th March, 1992) Jersey Unreported.