In May, Iolander Fernandes Gomes (49) was jailed for 12 months for three counts of larceny after she wrote three cheques payable to herself from the victim’s chequebook.
On issuing the court’s custodial sentence, the Magistrate, Bridget Shaw, also made a recommendation that Gomes be deported at the end of her time in prison.
That recommendation has now been set aside following an appeal hearing in the Royal Court before Commissioner Sir Michael Birt and Jurats Jane Ronge and Elizabeth Dulake.
The court heard how Gomes wrote three cheques to herself – one for £4,000 and two for £3,000. She used the money to travel to Madeira, to buy a new car and for general living expenses, the court heard.
After sentencing Gomes, Mrs Shaw recommended she be deported because her continued presence in Jersey was not conductive to the public good and that consideration of her human rights did not outweigh this.
Advocate Allana Binnie, representing Gomes, argued in the appeal hearing that her client’s continued presence in the Island would not be detrimental to society.
While the court agreed with the Magistrate’s reasoning, and said there had been ‘a clear breach of trust involving a significant amount of money’, it ruled that it would not be proportionate to recommend deportation when balancing the interests of the community against the Article 8 European Convention on Human Rights of the appellant and her family.
Giving its reasons, the court said Gomes had been a resident in Jersey for 23 years, had an excellent work record and was at a low risk of reoffending.
In its ruling, the court said: ‘It was for these reasons that we allowed this appeal and set aside the recommendation for deportation.
‘The appellant should, however, understand that in the event of any further offending of any significance, she is likely to be deported.’
