[Public Prosecutor’s appeal against fines totaling $1,000 imposed for 2 offences of Criminal Breach of Trust contrary to S.406 of the Penal Code on the grounds that they were manifestly inadequate and did not have sufficient deterrent or retributive effect. Conceded that special circumstances justified the imposition of fines rather that a custodial sentence. Substantial mitigation advanced including information about the Respondent’s lack of means which was not challenged by the prosecution at trial. In the circumstances the punishment was appropriate if
apparently lenient. Appeal dismissed]

Decision date: 20 Nov 2006