Jersey Unreported Judgments

2002/229

ROYAL COURT

(Samedi Division)

 

5^th December 2002

 

 

The Attorney General

-v-

Mark Jonathan Appleby

 

FIRST INDICTMENT

 

42 counts of:

Fraudulent conversion (counts 1-42).

 

SECOND INDICTMENT:

 

1 count of:

Driving a motor vehicle with alcohol level in bloodstream above prescribed limit, contrary to Article 16A(1) of the Road Traffic (Jersey) Law 1956, as amended.

 

Age:     44.

 

Plea:    Guilty.

 

Details of Offence:

 

First Indictment - over a four and half year period, the defendant plundered £45,100 from a private club, Jersey Freshwater Angling Association, whilst he was Treasurer.  He drew cheques on the Association's bank account and made the cheques payable to himself.  To avoid detection he had a second "ghost" cheque book, pretended that there was a healthy bank account, provided false accounts and told the Association's committee that the accounts had been audited when in fact they had not.  The monies were used to pay living expenses, debts and mortgage but not for luxuries.  Defendant had developed an addiction to alcohol, causing him to become unemployed as an accounts technician from time to time.  In 1998 he started to siphon money from the Association.

 

Second Indictment - when stopped by a police officer on routine patrol, the defendant was found to have an extremely high concentration of alcohol in the breath - 109 micrograms per 1000 millilitres.

 

 

Details of Mitigation:

 

First Indictment - by date of sentence defendant had sold his flat and had placed his car and mobile home in France for sale.   He had donated the contents of his flat to Roseneath.  Immediately admitted his culpability once the offences were discovered.  Was extremely co-operative and remorseful.

 

Previous Convictions:

Two "spent" convictions namely two Article 16As in 1982 and 1991.

 

Conclusions:

 

First Indictment

 

Counts 1- 42:

3 years' imprisonment, concurrent on each count; £45,100 compensation order.

 

Second Indictment

 

Counts 1

2 months' imprisonment, concurrent; 25 months' disqualification from driving.

 

Sentence and Observations of Court:

 

First Indictment

 

Count 1 - 42:

18 months' imprisonment, concurrent on each count; £1,341.00 compensation order.

 

Second Indictment

2 months' imprisonment, concurrent; 3 years' disqualification from driving.

 

 

Mrs S. Sharpe, Crown Advocate.

Advocate A. Messervy for the accused.

 

 

JUDGMENT

 

THE BAILIFF:

1.        The defendant was the honorary treasurer of a club called the Jersey Freshwater Angling Association.  He obtained, by fraud, over a period of some 4½ years, the sum of £45,000 from the Club by plundering its bank account.  Serious deceits were involved in this offending.  He obtained a second cheque book by which he was able to deceive the President and members of the Club, and he lied to members about having the accounts audited.  It was, in short, a gross breach of trust committed over a substantial period.

2.        The defendant has previous convictions but they were long ago.  We shall ignore them and treat the defendant as a first offender.  Advocate Messervy has urged upon us, quite rightly, that there is substantial mitigation in this case.  Since he has been arrested by the police the defendant has sold his flat and paid the net proceeds of sale to the Association.  He is making arrangements to sell a mobile home which is in France.  He has made arrangements to surrender an insurance policy which will yield some £4,000.  He has given the contents of his flat to Roseneath Hostel.  He finds himself in his mid-forties, as counsel has said, in a position where, in material terms, he has virtually nothing left. 

3.        In terms of restitution to the Association of which he was a member for many years, he has paid just under £44,000 to the Association and has undertaken to repay the outstanding balance of £1,341.00, and legal costs incurred by the Association together with interest. 

4.        The Court accepts that the defendant has shown remorse.  He has been co-operative with the police, and has pleaded guilty to the indictment and admitted the offending at the first available opportunity.

5.        The Court has given very anxious consideration to the question of whether a non-custodial sentence can be imposed.  We have reached the conclusion that the offence is too serious to be dealt with in that way.  The Court must make it clear to others who might be tempted to breach a trust reposed in them that the likely result will be a custodial penalty.  We can, however, in the light of the very substantial mitigation substantially reduce the conclusions.

6.        The sentence of the Court is that on count 1 you will be sentenced to 18 months' imprisonment on counts 2 - 42 inclusive, to 18 months' imprisonment concurrently on each count and concurrent with count 1.  On the second indictment you will be sentenced to 2 months' imprisonment again concurrent.  You will be disqualified for a period of 3 years' from holding a driving licence.  We are not satisfied that there are special reasons not to disqualify; but the disqualification will date from today.  The total sentence is therefore one of 18 months' imprisonment.  We also make a compensation order in favour of the Jersey Freshwater Angling Association in the sum of £1,341.00.

Authorities

Barrick (1985) 7 Cr. All.R (S) 142.

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

A.G. -v- Congdon (16^th November, 2001) Jersey Unreported; [2001/231].

A.G. -v- Marsh (18^th January, 2002) Jersey Unreported; [2002/16].

Le Monnier -v- A.G. (1989) JLR 170 CofA.