Jersey Unreported Judgments

2000/84

2 pages

ROYAL COURT

(Samedi Division)

 

19^th May, 2000

 

Before:    Sir Philip Bailhache, Bailiff, and

                                                      Jurats Rumfitt and Bullen.

 

 

The Attorney General

 

-v-

 

Terry Paula Garcia-Coles

 

1 count of  obtaining money by false pretences. (count 1).

 

Age:     42

 

Plea:   Guilty

 

Details of Offence:    Benefit fraud in the sum of £5,000.  Wilful concealment of co-habitation.

 

Details of Mitigation:    Financial pressure; 3 children; confused as to offence.

 

Previous Convictions:   None relevant.

 

Conclusions:   1 year's Probation with 150 hours' community service.

 

Sentence & Observations of Court:   Conclusions granted.  Court came within an ace of short custodial sentence,  but experienced     mercy.

 

 

 

N.M. Santos Costa, Esq., Crown Advocate;

Advocate C.M. Fogarty for the accused.

 

 

JUDGMENT

 

THE BAILIFF:

 

1.         The Court has said on many occasions that benefit fraud is a serious offence which should not go unpunished.  Thousands of people obtain benefit lawfully and properly because they are entitled to it.  If the Court does not punish those who cheat the system, we will discourage honest claimants and encourage fraudulent behaviour.  This was a deliberate fraud and we have given serious consideration to imposing a short period of custody.  For the reasons given by the Crown Advocate in his conclusions we think that in the circumstances of this case we can punish you in a different way without causing further distress to your children.

 

2.         The conclusions are accordingly granted and you will be placed on probation for one year or until the Chief Probation Officer has certified that you have completed to the satisfaction of the community service organiser 150 hours of community service.

 

Authorities

 

 

Whelan: Aspects of Sentencing in the Superior Courts of Jersey: pp.54-5.

 

Ibid (May 1995-1996 Noter up): pp.18-19.

 

Ibid (May 1996-1997 Noter Up): pp.21-23.

 

A.G. -v- Johnson (18^th December, 1998) Jersey Unreported.

 

A.G. -v- Fitzsimmons (1^st October, 1999) Jersey Unreported.

 

A.G. -v- Payne (17^th December, 1999) Jersey Unreported.

 

A.G. -v- Godwin (3^rd October, 1998) Jersey Unreported.