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	Jersey Unreported Judgments
You are here: BAILII >> Databases >> Jersey Unreported Judgments >> 1999/178 - AG v Rulton [1999] UR 178 (15 October 1999) URL: http://www.bailii.org/je/cases/UR/1999/178.html Cite as: [1999] UR 178

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ROYAL COURT

(Samedi Division)

15 October 1999

Before: Sir Philip Bailhache, Bailiff, and

Jurats Le Ruez and Le Brocq

AG

-v-

David Frederick Rulton

3 counts of: larceny (counts 1-3)

Age: 43

Plea: Guilty

Details of Offence:

Total stolen £3,200 (£3,000 from one employer; £200 from another employer). Breach of trust by an employee. Initial denial in question and answer interview - offences committed because of alcohol addiction.

Details of Mitigation:

Previous good character (previous conviction ignored). Attendance at Alcohol and Drugs Service since arrest.

Previous Convictions:

Permitting another to use motor vehicle without insurance - £20 fine.

Conclusions:

Count 1:9 months imprisonment

Count 2:2 months imprisonment, concurrent

Count 3:1 month imprisonment, consecutive

TOTAL:10 months imprisonment

Sentence & Observations of Court:

Count 1:6 months imprisonment

Count 2:2 months imprisonment

Count 3:1 month imprisonment

All concurrent.

TOTAL:6 months imprisonment

Advocate N M Santos Costa, Crown Advocate.

Advocate C M Fogarty for the Accused

JUDGMENT

THE BAILIFF: The Defendant apparently took sums of money with some regularity over a period of nine months from two different employers. He was eventually arrested after fellow employees had reported his thieving to the employer. A breach of trust of this kind almost inevitably leads to a prison sentence, not only to punish the offender, but to make it clear to others who might be tempted to steal from their employers what the likely result will be.

Having said that we think that, in a case of this nature where the defendant is a mature man of previous good character, where the money stolen has been repaid and where there has been full co-operation with the police and a guilty plea, the term need not be lengthy.

Rulton, we have taken account of all the mitigating factors as outlined to us by your counsel and in particular your remorse and we propose to reduce the conclusions moved for by the Crown Advocate. On count 1 you are sentenced to 6 months imprisonment; on count 2 you are sentenced to 2 months imprisonment, concurrent; on count 3 you are sentenced to 1 month imprisonment, concurrent, making a total of 6 months imprisonment.

Authorities

Whelan: Aspects of Sentencing in the Superior Courts of Jersey: pp: 19-20; 23-25; 56-63.