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Jersey Unreported Judgments
You are here: BAILII >> Databases >> Jersey Unreported Judgments >> 1998/96 - AG v Kimber [1998] UR 96 (8 May 1998)
URL: http://www.bailii.org/je/cases/UR/1998/96.html
Cite as: [1998] UR 96
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ROYAL COURT
(Samedi Division)
8 May 1998
Before: Sir Philip Bailhache, Bailiff and Jurats
Le Ruez and Le Breton
AG
-v-
Wendy Fay Kimber
1 count of larceny as a servant
Age: 44
Plea: Guilty
Details of Offence:
Employed by Lloyds Bank for six years as a checker. Diverted a total of £2,480 from a customers account to her own account and to that of her landlord to whom she owed arrears of rent. Left Island shortly afterwards. Brought back on warrant.
Details of Mitigation:
Deserted by husband and left with 5 year old son leaving her liable for family HP debts and rent of flat. Minimal financial contribution from husband coupled with insistance by husband that she maintain HP payments on car (which he used) and threat by husband to seek custody of child if she went to live with her mother to save rent. Hopeless financial difficulties. Theft unplanned.
Previous Convictions:
None
Conclusions:
12 months probation and 180 hours community service.
Sentence and Observations
of the Court:
Hopes that AG will find appropriate case to refer to Full Court to review Picot (1990) JLR N19 dictum in today’s circumstances. Doubt whether exceptional circumstances, but very strong mitigation. Adopts Harris (2 June 1997) Jersey Unreported approach and grants conclusions as an act of mercy.
The Solicitor General
Advocate RJ Renouf for the accused
NO RECORDED JUDGMENT
Authorities
AG -v- Picot (1990) JLR N19
AG -v- Russell (14 January 1991) Jersey Unreported
AG -v- Horgan (20 December 1996) Jersey Unreported
AG -v- Harris (2 June 1997) Jersey Unreported
AG -v- Godfray (14 November 1997) Jersey Unreported