Jersey Unreported Judgments

[2003]JRC071

ROYAL COURT

(Samedi Division)

11^th April 2003

The Attorney General

-v-

Christine Ann Crocker

Age:     45

Plea:    Guilty

Details of Offence:

The Blacksmiths Arms Thrift Club had three signatories, one of whom was the defendant.  The defendant would collect the contributions at the Sunday meetings and was then supposed to bank them during the following week.  At the meetings a paying in slip would be countersigned.  Instead, over the course of 2001 and 2002 the defendant would remove the cash and only bank the cheques.  She would write another paying in slip and destroy the first one.  She then used the cash to fund her debts and those of her husband.  In all 23 thrift club members lost between them a total of £21,000.00.  These were savings that were to have been spent on tax bills and Christmas presents.

At interview the defendant made frank admissions.  She said that she has made good the shortfalls in 2001 by using payments made in the first months of 2002.  However, she could not continue to do this and was discovered when the 2002 payout became due.  She maintained that she had always intended to pay the money back.

Details of Mitigation:

Guilty plea, great remorse, co-operative, good character, money not spent on luxuries, offending caused by over-concern for husband's failing business and her former husband's suicide, offer to work to repay the money.

Previous Convictions:

One previous conviction for larceny of £40.00 in 1985.

Conclusions:

2 years' imprisonment.

Sentence and Observations of Court:

The Court gave very careful consideration as to whether this was a case where they might impose a non-custodial penalty.  However, in view of the gross breach of trust exhibited by the defendant, they decided that they could not.  However, the Court did reduce conclusions slightly and sentenced the defendant to 18 months' imprisonment.

C.M.M.Yates, Esq., Crown Advocate.

Advocate D.J. Benest for the Defendant.

JUDGMENT

THE BAILIFF:

1.        As will be obvious from the length of time during which the Court has been considering this matter, the Court has given very anxious consideration to the appropriate means of disposal.  At the end of the day, however, this defendant has fraudulently misappropriated some £21,000 over a period of 12 months from a number of thrift club members who, week after week, looked her in the face and provided their savings to her, trusting that she would deal with those savings appropriately.

2.        We take into account the very considerable mitigation which has been placed before us with great skill by Mr Benest.  His client has pleaded guilty to the indictment, and was co-operative with the police from the outset. There are excellent references which have been placed before the Court which the Court has again taken into consideration.  This was, however, a gross breach of trust which the Court must punish with a custodial sentence.  We are going to reduce slightly the conclusions on account of all the mitigation which has been placed before us; but the sentence of the Court is that you be sentenced to 18 months' imprisonment.

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