Jersey Unreported Judgments

2000/199

3 pages

ROYAL COURT

(Samedi Division)

 

13^th October, 2000

 

Before: Sir Philip Bailhache, Bailiff and

Jurats Le Ruez and Le Breton

 

The Attorney General

-v-

Christine Frances Donnelly

 

 

 

1 count of:    fraudulent conversion of property.

 

Age:    46.

 

Plea:   Guilty.

 

Details of Offence:

 

Defalcation of some £650,000 over a five year period from the finance company of which the accused was a director.  Funds used to support heroin addiction of her boyfriend and, latterly, herself.  Funds also spent on enhanced lifestyle including some luxury spending.  Co-directors had to reimburse some £400,000 plus £100,000 professional costs from personal funds.

 

Details of Mitigation:

 

Good character, plea of guilty, intention to repay some £360,000 still available to the accused in the form of realty and securities.

 

Previous Convictions:   Minor dishonesty decades earlier.  Disregarded.

 

Conclusions:   4 years' imprisonment (somewhat constrained by earlier Jersey decisions).

 

Sentence and Observations of the Court:   Conclusions granted.

 

Heroin involvement not regarded as mitigation.  Court notes Attorney General's intention in future to base conclusions upon the higher reaches of the Clark guideline bands.

 

 

C.E. Whelan, Esq., Crown Advocate;

Advocate R.J.F. Pirie for the accused.

 

 

JUDGMENT

 

THE BAILIFF:

 

1.            This was a serious offence involving the deception of her employers and deliberate breaches of trust over a long period.  The fact that the offending began and continued as a result of heroin addiction is not a mitigating factor.

 

2.            The Court notes that the defendant has expressed the wish to repay the money.  She is entitled to credit for that and for her co-operation with the investigation and for her guilty plea.

 

3.            Mrs Donnelly, you have disgraced yourself and you have caused pain and suffering to your family and of course to those whom you defrauded.

 

4.            The Crown Advocate has given as much weight as he properly could give to the mitigating factors.

 

5.            We note the intention of the Crown to move for higher penalties for serious offences involving breaches of trust in future, but in the meantime you must be punished for the offences which you have committed.  The conclusions are granted and you are sentenced to four years' imprisonment.

Authorities

 

 

Barrick (1985) 81 Cr.App.R.(S) 78.

 

Clark (1998) 2 Cr.App.R. 138.

 

AG -v- Delaney (13^th May, 1993) Jersey Unreported.

 

AG -v- Hanley (14^th October, 1993) Jersey Unreported.

 

AG -v- Hay (10^th July, 1995) Jersey Unreported.

 

AG -v- Stilwell (19^th January, 1998) Jersey Unreported.

 

AG -v- Bellows (8^th February, 1999) Jersey Unreported.