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Jersey Unreported Judgments
You are here: BAILII >> Databases >> Jersey Unreported Judgments >> AG v Bellas and Louis [2023] JRC 086 (26 May 2023)
URL: http://www.bailii.org/je/cases/UR/2023/2023_086.html
Cite as: [2023] JRC 86, [2023] JRC 086
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Fraud - review of compensation order
|
Before : |
A. J. Olsen MBE, Lieutenant Bailiff, and Jurats Averty and Le Heuzé |
The Attorney General
-v-
Shannon Stephanie Bellas
Amanda Joan Louis
S. Crowder Esq, Crown Advocate.
Advocate N. Mière for the Defendants.
ex tempore JUDGMENT
THE LIEUTENANT BAILIFF:
1. We shall take both applications together. On 23 September 2022 both Defendants were sentenced by the Inferior Number for a series of frauds against a victim who was then aged 82, now 83 (AG v Bellas and Louis [2022] JRC 198). Bellas obtained over £11,000 and Louis over £6,000. The victim could ill afford to suffer these losses. He had planned to retire on his savings and what we are told is a small pension. The Crown at sentencing described the offending as a mean and nasty exploitation of an elderly gentleman. We agree. These were wicked frauds.
2. The policy of the court in cases of theft in breach of trust is absolutely clear. A custodial sentence is inevitable save in exceptional circumstances. There were no exceptional circumstances here, but the court below took an exceptional course by imposing community service and compensation orders. The court put the interest of your victim first.
3. As regards the compensation orders Bellas was ordered to repay £400 and Louis £350 per month. The applications today are to reduce these payments to £250 and £200 respectively. We are assured that both Defendants can afford to make these payments, though note that the payments to date have been sporadic and inadequate. Like the court below, we put the interests of your victim first. If we refused your application you would likely be unable to pay and the default sentence would have to be served. This would help your victim not in the least. It is for this reason and for this reason only that we reluctantly grant the applications, so that your repayments, Bellas, will be £250 per month and yours, Louis, £200.
4. The court will sit again at 10am on Friday 28 July this year to ensure that you have complied faithfully with your obligations. If you have not there is every possibility that the Court will activate the default sentences. Do you understand?
5. Finally, as your advocate has pointed out, these are minimal amounts. You have both indicated that you would like to pay more if possible. We express the hope that it will be possible and strongly encourage you to make every effort to do so.
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