Jersey Unreported Judgments

ROYAL COURT

(Samedi Division)

17 December 1999

Before: Sir Philip Bailhache, Bailiff and

Jurats de Veulle, Georgelin

AG

v

Robert Charles Payne

8 counts ofknowingly making a false statement to the Employment and Social Security Department, contrary to Article 36(3) of the Social Security (Jersey) Law 1974

Age: 48

Plea: Guilty

Details of Offence:

Whilst in full time employment between 1 November 1998 and 14 July 1999, Payne obtained £3,905.68 benefit.

Had previously wrongly obtained £1,400, but had been allowed chance to repay.

Details of Mitigation:

Plea of guilty. Remorse, excellent work references. Death of mother a blow - caused financial hardship. Money not spent on luxuries. Voluntarily repaid £250.

Previous Convictions: None

Conclusions: 1 month, consecutive on each count

Total: 8 months imprisonment

Sentence & Observations of Court:

Conclusions granted; £3,657.47 Compensation Order to be paid at £50 per week; or one month imprisonment, consecutive, in default of payment.

Amounts to fraud on community; already had unusual indulgence on first occasion.

T J Le Cocq, Crown Advocate

Advocate R J F Pirie for the accused

JUDGMENT

THE BAILIFF: It gives the Court no pleasure to have to send to prison a man of good character who has not been before the Courts before but as the Court said in the case of AG v Harris, (27 March 1997), Jersey Unreported:

"A fraud upon the Social Security fund is a fraud upon every contributor to the fund and in effect a fraud upon the community."

Payne, you were given a chance on the previous occasion when you were discovered in breach of the law and unusually were given the indulgence of being allowed to repay the money, which you had obtained by fraud from the Social Security Fund. Unfortunately the offences committed on a second occasion cannot be met with same indulgence. We note all the matters which your Counsel has brought to our attention in mitigation but we think they have all been taken into account by the Crown Advocate in his conclusions. The conclusions are accordingly granted and you will be sentenced on each of the counts to one month’s imprisonment, all sentences to run consecutively making a total of 8 months imprisonment. You will also be ordered to pay compensation in the sum of £3,657.47. The compensation will be paid at the rate of £50 per week. The first payment to be made within two months of your release from custody. In default of payment of the compensation there will be one month’s imprisonment consecutive.

Authorities

AG -v- Laverick (11 January 1999) Jersey Unreported [1999.004].

AG -v- Harris (27 March 1997) Jersey Unreported.

Social Security (Jersey) Law 1974: A.36.

Whelan: Aspects of Sentencing in the Superior Court of Jersey: pp. 54-55.