Jersey Unreported Judgments

2002/120

ROYAL COURT

(Samedi Division)

 

14^th June 2002

 

 

The Attorney General

-v-

John Christopher Green

 

1 count of:

Aiding, assisting, participating in a fraud (count 4)

 

[The defendant was discharged on count 1 of the indictment at a Criminal Assize on 8^th May, 2002; count 3 fell away; the Crown accepted a not guilty plea to Count 2.]

 

Age:     38

 

Plea:    Guilty

 

Details of Offence:

Assisted in the defrauding of the Employment and Social Security Committee of £15,434.86 between 1^st March 1999 and 1^st October 2001 by procuring, by giving false details of his identity, medical certificates in the name of one John Walker for the purpose of obtaining cheques payable to Walker in payment of invalidity benefit and assisting in the submission of the cheques for payment by arranging for their collection and onward transmission to Walker, knowing that Walker was not entitled to such benefit. 

 

Details of Mitigation:

Guilty plea; admitted offence in police interview; no direct evidence that defendant derived any financial benefit; previous convictions but only one for fraud related offence in 1991; unable to work due to psychiatric illness; had spent approximately 6 months in custody awaiting trial on this and other matters in respect of which he was acquitted.

 

Previous Convictions:

Affray, theft, criminal damage, credit fraud, possession of a controlled drug and motor vehicle offences.

 

Conclusions:

Count 4:

12 months' imprisonment.

 

 

Sentence and Observations of Court:

Conclusions granted.

 

 

A.R. Binnington, Esq., Crown Advocate.

Advocate S. E. Fitz, for the Defendant.

 

 

JUDGMENT

 

commissioner:

1.        Green has pleaded guilty to the offence of aiding, assisting or participating in a benefits fraud which amounted to the sum of £15,434.86.  His admission concerns assisting a person known as John Walker to benefit from this sum.  Although the accused claims to have known Walker for 14 years, Police enquiries have failed to find any trace of him in Jersey.  It does not, of course, mean that he does not exist, but we set this out as a statement of fact.

2.        Crown Advocate Binnington has outlined the facts, and the frauds took place as we have said over a period of 2 years.  This was a deliberate fraud over this period and the sum is very substantial.  We would always consider a custodial sentence because of the seriousness with which such a crime is viewed by this Court. 

3.        Green has pleaded guilty and there is no direct evidence that he derived any benefit.  He was undoubtedly, however, the prime mover in this serious crime.  We have had careful regard to the guide lines set out in the English case Livingstone Stewart & Ors (1987) 9 Cr. App. R. (S) 135, and the mitigating factors include his plea of guilty, his admissions, the lack of evidence that he received any financial gain and the fact that, despite his record, which is not a good one, he has only one previous conviction for fraud as far back as 1991.

4.        Green was granted bail after his acquittal on other charges, but was specifically warned that he stood the chance of returning to prison.  If the circumstances had been different this Court might well have increased the sentenced asked for by the Crown.  As it is, despite all Advocate Fitz has said, we will follow the conclusions of the Crown in the knowledge that Green will have to serve the balance of his sentence in custody. 

 

 

 

Authorities

Johnson-v-A.G. (15th March, 1999) Jersey Unreported; [1999/50].

A.G.-v-Andrade (10th September, 1999) Jersey Unreported; [1999/151B].

A.G.-v- Laverick (11^th January, 1999) Jersey Unreported; [1999/4]

Livingstone Stewart & Ors (1987) 9 Cr. App. R (S) 135.