One thing you can depend on PPP presidents and general secretaries for: They offer total protection and immunity to their crooks and wrongdoers.

Nirmal Rekha, Ashni Singh, Lumumba, etc. never had to fear dismissal from Jagdeo or Ramotar. Nandlall's post is safe too.

Kamla Bissessar of Trinidad showed she has more decency and respect for good conduct than Jagdeo and Ramotar.

Yes Gilly but I maintain the PPP would never hold those positions dear if their supporters rejected their embrace of criminality.

This PPP government without question is the government of the low breed.

The next elections will reveal what their supporters think of them now. Why yuh tink PPP a poonch panch suh lang wid LGE? Dem know the dice rolling against dem.

I hear yuh, ah Listening and watching......

I'll repeat what I said before..........there is no criminality in the recorded conversation between the AG and LG. This comment is strictly in the context of legal jurisprudence. Any commentary about the tenor of the contents has to be weighed by what's accepted in Guyanese society today, and that 19-minute recording is unfortunately ho-hum. On Guyanese TV last week I decried the state of affairs on how Guyanese have become inured to what we in the diaspora would say WTF.

I can see why the PPP, given the history of Glen Lall and Kurshid Sattaur and Anil Nandalall, has circled the wagons.

So stealing tax payers money to pay for sperm placement is not criminal?

In which legal jurisdiction?

HM, explain how you can construct a case in the court for what the AG said about the above.

Kari did you read what Sase Narine said about Nandalall and the Misuse of Govt Funds....

This is what the Former Speaker said...

The House Speaker then reflected on Nandlall’s conversation that contained the Attorney General’s admission that he took money from one Ministry for his wife’s health but emphasized that the money was repaid.

“I want to ask Nandlall, lawyer to lawyer,

if you commit a crime,

as in you thief money

but you give back the stolen funds,

does that mean you didn’t commit the crime?

That you should be pardoned?

You committed a crime that attracts a penalty,” Narain said.

I am not a lawyer but I am pretty sure that if a government official in any civilized country admits that he stole tax payers money on tape he at a minimum will be terminated. The right thing to do would be for charges of theft and grand larceny depending on the amount be filed.

Theft breach of trust

Date Updated: January 2012

Title: Theft

Offence: Theft - breach of trust

Legislation: S1 Theft Act 1968

Commencement Date:

Mode of Trial: Either way

Statutory Limitations & Maximum Penalty: 7 years

Aggravating & Mitigating Factors

• Sentencing Guidelines Council
• Long course of offending
• Suspicion deliberately thrown on others
• Offender motivated by intention to cause harm or revenge
• the quality and degree of trust reposed in the offender;
• the period over which the thefts occurred;
• the use to which the offender put the stolen money;
• the effect on the victim;
• the impact on the public and public confidence;
• the effect on the offender's fellow employees or partners;
• the effect on the offender.
• the offender's history;

Relevant Sentencing Council Guidelines

Sentencing Guidelines Council - Definitve Guidelines Theft and Burglary in a building other than a dwelling.Offences sentenced after 5/1/09.

First time offender aged 18 or over who pleaded not guilty.

Type Less than £2000
Starting Point community Order (Medium)
Range Fine - 26 Weeks

Type £2000 - £20,000 or less than £2,000 High Degree Trust
Starting Point 18 weeks
Range Community Order - 12 months

Type £20,000 - £125,000 or less than £20,000 High Degree Trust
Starting Point 2 years
Range 12 months - 3 years

Type £125,000 plus or £20,000 plus high Degree Trust
Starting Point 3 years
Range 2 years - 6 years

Relevant sentencing guidelines

Whilst starting point is guidelines, observations in R-v-Barrick 81 Cr App R 78 CA (professionals should be expected to be punished as severely as others, there being no proper basis to distinguish on the basis of a defendants occupation) and R v Clark (below) still of assistance (Archbold 21-4d).

Relevant Sentencing Case Law (Pre - SGC Cases)

R v CLARK [1998] 2 Cr.App.R.(S.)142 B6-12003 which updated the guidance issued in R v BARRICK [1985] 7 Cr.App.R.(S.)142 B6 - immediate imprisonment is inevitable in breach of trust cases unless there are exceptional circumstances or the amount of money involved is very small.

Range

• Less than £17,500  up to 21 months
• £17,500 to £100,000   2-3 years
• £100,000 to £250,000  3-4 years
• £250,000 to £1 million  5-9 years (by use of consecutive sentences where more than one offence is proved)
• £1 million or more  10 years + (as above)

R v ROACH [2002] 1 CR.AP.R(S) 259
The defendant pleaded guilty to three counts of obtaining a money transfer by deception. The defendant worked for a firm supplying carers to elderly and infirm people. Over a period of about two years cashed cheques to the value of £2,875 from an 80 year old client. 18m.

Breach of Trust up to £17K

R v ROSS-GOULDING [1998] 1 Cr.App.R.(S.) 348
Pleaded guilty to theft and forgery. The defendant was a care assistant employed by an agency to look after a person suffering from multiple sclerosis. The appellant withdrew £8,000 from this person's building society account by forging her signature and used the money to repay a loan. 15 months.

R v MANGHAM [1998] 2 Cr.App.R.(S.) 344
Pleaded guilty to using a false instrument with intent, and obtaining a money transfer by deception. The defendant was employed as a carer by a nursing agency. The defendant had charge of a lady aged 95. She obtained possession of her pass book and forged her signature on two occasions so as to obtain £5,000. 18 months.

R v DONALDSON [2002] Cr.App.R.(S.) 35 (at 140); [2001] EWCA Crim. 2854
Pleaded guilty to one count of theft, one count of attempting to obtain a pecuniary advantage by deception and two counts of obtaining property by deception. She asked for six similar offences to be taken into consideration. The defendant was employed as a carer and stole £3300 in cash and a cheque book from a 90 year old lady and withdrew a further £3300 from the account of a 88 year old lady. Previous good character. 18 months.

R v FEAKES [1998] 2 Cr.App.R.(S.) 295
Pleaded guilty to five counts of theft. The appellant was the treasurer of a church restoration fund. Over a period of three and a half years he stole a total of £9,594 by forging the signature of the chairman of the fund. The appellant repaid about £3,000 after the offences were discovered. Good character and full co-operation. 9 months

R v ROBERTS [1999] 1 Cr.App.R.(S.) 381
Convicted of theft. The appellant, a serving police officer, and other officers searched premises.  Items were lodged in a police property store and he stole a watch. 2 months.

R v GRIFFITHS [2000] 1 Cr.App.R.(S.) 240
Pleaded guilty to one offence of theft, one of false accounting, one of making a false instrument, and one of using a false instrument and committed for sentence. The appellant was treasurer and secretary of a voluntary football club and was responsible for dealing with the club's bank account and financial affairs. The appellant admitted that he had stolen a sum of between £7,300 and £7,500 from the club's accounts over a period of seven years. He used various means in an attempt to conceal the offences. 12 months.

R v JAMES [2000] 1 Cr.App.R.(S.) 285
Pleaded guilty to two offences of stealing from the post office. The appellant was employed as a counter clerk by the post office. She stole a total of £5,318 from her till on two occasions, altering records of her stock to conceal the thefts. The appellant, a single parent, had got into debt and was threatened by bailiffs. 9 months.

Breach of Trust £17K -£85K

R v STARSMEARE [2003] Cr.App.R.(S.)
Pleaded guilty to one count of theft and was convicted of two counts of obtaining money by deception. The defendant cared for an elderly neighbour and took £44K from her account and a watch. 3 years.

R v HARDWICK [2007] 1 Cr.App.R.(S.)
Pleaded guilty to 10 offences of theft. The appellant was a social worker employed by a county council and used a power of attorney to withdraw £8K cash from the account of a woman with dementia and sold her house for £47K. 3 years 3 months.

R v HUSBANDS [1998] 2 Cr.App.R.(S.) 428
Pleaded guilty to one offence of theft and two of obtaining by deception. The defendant, who worked in a bank, applied for a cash card on a company account and withdrew £22K. 18 months.

R v WHITEHOUSE AND MORRISON [1999] 2 Cr.App.R.(S.) 259
Pleaded guilty to theft and committed for sentence. The first appellant was employed by a haulage company. Together with the second appellant and another man he took 35 boxes of clothing valued at £17,700 from lorries which had been left at the company's depot overnight. Previous convictions. 2 years and 18 months.

Breach of Trust £85K -£170K

R v OPREY AND PINCHBECK [2002] 1 Cr.App.R.(S.) 75 (at 317) [2001] EWCA Crim. 1630
Pleaded guilty to conspiracy to defraud and various other offences. The second defendant was the general manager of a hotel and the first defendant was a financial controller. The second defendant organised conference events at a conference centre near the hotel, but used the facilities of the hotel to pay for various expenses and cover losses. The first defendant pleaded guilty on the basis that she concealed the second defendants activities. Loss of £70,000 over a period of five years. 9 months and 3 years.

Breach of Trust in excess £170K

R v RENTON (1995) 16 Cr.App.R.(S.) 575
Pleaded guilty to four offences of obtaining by deception and 14 of theft. The appellant was the managing director of an investment company which ran into financial difficulties. He encouraged former investors and personal friends to invest in a fictitious share issue, and used the money to support the company. A total of £645,000 was lost to the investors. Offences strike at the stability of the financial community. Target personal friends rather than financial institutions. Disqualified from being a director 10 years. 4 years.

R v D'SOUZA [1996] 2 Cr.App.R.(S.) 130
Pleaded guilty to theft. The appellant was employed as a bookkeeper by a hospital medical school for a period of 26 years. In 1994 he admitted that he had stolen a total of £652,000 over a period of about ten years to finance a gambling habit and kept records of the transactions. 4 years.

R v SHAW [1996] 2 Cr.App.R.(S.) 278

Hope that helps.....