Jersey Unreported Judgments

 2002/16

ROYAL COURT

(Samedi Division)

 

18^th January 2002

 

 

The Attorney General

-v-

Jeffrey Stuart Marsh

 

 

2 counts of:	larceny as a servant (counts 1 and 3);
1 count of:	fraudulent conversion (count 2).

 

 

Age:     34

 

Plea:    Guilty.

 

Details of Offence:

£2,965.54.  Appropriating for own use cash receipts from bar over a period of one month. (1)

£25,948.70.  Appropriating Thrift Club monies over 9 month period. (2)

£1,505.10.  Appropriating cash from games machine in public house over 9 month period.(3)

            Marsh was registered manager of "Daily Globe".

 

Details of Mitigation:

True remorse demonstrated before arrest; surrendered to warrant, pleaded guilty at earliest time, co-operation, no previous convictions.

 

Previous Convictions:

None.

 

Conclusions:

Count 1:	12 months' imprisonment;
Count 2:	3 years' imprisonment;
Count 3:	9 months' imprisonment, all concurrent.

 

 

Sentence and Observations of Court:

Count 1:	12 months' imprisonment;
Count 2:	2 years and 9 months' imprisonment;
Count 3:	9 months' imprisonment, all concurrent.

 

Proper conclusions.   Court could make slight adjustment as act of mercy.

 

T.J. Le Cocq, Esq., Crown Advocate.

Advocate D. Gilbert for the Defendant.

 

 

 

JUDGMENT

 

THE DEPUTY BAILIFF:

1.        Larceny from thrift clubs is always a particularly mean offence because the victims can usually ill afford the loss.  You, Marsh, were trusted by the members of the thrift club of the 'Daily Globe' to bank their weekly savings so that they would have access to their money for income tax or Christmas expenses.  You broke that trust by stealing nearly £26,000 over a nine month period before fleeing the Island when you realised that you were about to be exposed.  You also, during that time, stole money from your employer.

2.        The Crown has referred us to various other cases: AG-v-Strzelecki (2^nd February, 1996) Jersey Unreported;  AG-v-Goodsir (29^th February, 1984) Jersey Unreported; and AG-v-Cooper (7^th May, 1999) Jersey Unreported [1999/78] and we think that the Crown has drawn perfectly proper conclusions as to the length of sentence in a case such as this.  In particular the amount taken on this occasion is more than in any of those cases.

3.        Miss Gilbert has spoken very persuasively on your behalf.  She has emphasised many matters including the fact that, although you are now 34, you have no previous convictions of any sort.  You also pleaded guilty from the earliest moment and have been extremely co-operative throughout, enabling this prosecution to proceed expeditiously and without expenditure of resources.  Most importantly, it is quite clear to us that you are extremely remorseful.  This is not one of those cases where remorse arises after a person has been caught and realises the consequences.  It is clear from the letter you wrote at the time that you were remorseful prior to being arrested.  Furthermore you surrendered yourself in the United Kingdom where you were residing.

4.        Taking all these matters into account, particularly having regard to the fact that you are remorseful and have no previous convictions, we feel able to make a slight adjustment to the conclusions, broadly on the basis of taking a merciful course.  On count 1, you are sentenced to 12 months' imprisonment; on count 2, you are sentenced to 2 years 9 months' imprisonment; on count 3, you are sentenced to 9 months' imprisonment, all concurrent, making a total of 2 years and 9 months' imprisonment.

Authorities

Pagett-v-AG (1984) JJ 57 CofA.

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

AG-v-Hudson (15^th May, 1998) Jersey Unreported; [1998/98].

AG-v-Goodsir (29^th February, 1984) Jersey Unreported.

AG-v-Cooper (7^th May, 1999) Jersey Unreported; [1999/78].

AG-v-Murphy (14^th April, 2000) Jersey Unreported; [2000/68].