Jersey Unreported Judgments

[2006]JRC085

ROYAL COURT

(Samedi Division)

16^th June 2006

The Attorney General

-v-

Paul Smith

Sentencing by the Inferior Number of the Royal Court, on guilty pleas to:

Age:  48.

Plea: Guilty.

Details of Offence:

Counts 1 and 2 - Defendant failed to make a contribution return or pay the contribution due, the total owed being £1,117.50.  He was summonsed to appear in the Magistrate's Court but failed to appear.  It later became apparent he had left the Island.

Count 3 - Defendant was member of St Clement's Golf Club and was voted onto the General Committee as Treasurer.  The Club's bank balance at that time was approximately £16,000 in credit.  Defendant misrepresented to members on nine occasions that the Club's bank balance was healthy - between about £15,000 and £22,000 in credit.  On 28^th October, 2005 a Club cheque for £650 "bounced".  This led to the discovery that the Club was in fact £91.37 overdrawn.  Police were contacted on 4^th November, 2005, the same day on which the Defendant left the Island.  Defendant was brought back to Jersey on a warrant in January 2006.  He served the equivalent of 7 months 13 days in custody on remand at date of sentencing.

Details of Mitigation:

Shortly after becoming Treasurer, the Defendant's wife left him and the marriage breakdown caused him such distress that he turned to alcohol which he abused.  His business developed financial difficulties and although he continued to bank the cheques made payable to the Club he stole all the cash takings from the till, intending initially to repay the Club.  Defendant pleaded guilty and expressed great remorse..

Previous Convictions:

Four convictions for eight offences, some of which were for dishonesty.

Conclusions:

These are the general conclusions.

Sentence and Observations of Court:

Mrs S. Sharpe, Crown Advocate.

Advocate N. J. Rive for the Defendant.

JUDGMENT

THE BAILIFF:

1.        The Defendant has pleaded guilty to one offence of fraudulent conversion and two infractions of Social Security legislation.  In relation to the fraudulent conversion he took some £19,000 in cash belonging to members of St Clement's Golf Club while acting as the treasurer of the Club.  The defalcations took place over a period of 10 months and on several occasions Smith lied to, and deceived other members of the Club Committee, as to the state of the Club's finances. 

2.        He left the Island in November 2005, and was brought back on a warrant, although it is fair to say that he surrendered himself to the police in Liverpool.  None of the money has been repaid.  He has previous convictions for dishonesty for which a suspended sentence of imprisonment was imposed but that was a long time ago and he has not offended for the last ten years.

3.        In mitigation he has pleaded guilty to the offence and expressed remorse.  His marriage had broken down shortly before the offending began and that had led to depression and excessive drinking and a moral spiral downwards.

4.        It is important to state, however, that the aggravating features of stealing from a thrift club or working in the finance industry are not present in this case.

5.        Smith, you have brought disgrace upon yourself by your actions, but you have had the courage to admit your wrong doing and to face up to it.  Taking account of all the circumstances of the case and the submissions made by your counsel we are going to reduce slightly the conclusions.  You are sentenced on Count 1, to a fine of £250 or 2 week's imprisonment; Count 2, to a fine of £250 or 2 week's imprisonment; and on Count 3, to 18 months' imprisonment, all those sentences to run currently, making a total of 18 months' imprisonment.

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