Jersey Unreported Judgments

[2009]JRC189

ROYAL COURT

(Samedi Division)

02^nd October 2009

Before     :

J. A. Clyde-Smith, Esq., Commissioner and Jurats Le Breton and Le Cornu.

The Attorney General

-v-

Joao Abel De Sousa Gouveia

Martinha Da Conceicao Gouveia

Sentencing by the Inferior Number of the Royal Court, following guilty pleas to the following charges:-

Joao Abel De Sousa Gouveia

1 count of:

Larceny (Count 1).

Age:  42.

Plea: Guilty.

Details of Offence:

In September 2008, Mrs Gouveia applied to the Social Security department for long term incapacity benefit which was approved.  She was advised in writing that she would receive a lump sum of £1,762.56.

For reasons unknown, the cheque that was drawn and sent to Mrs Gouveia was for £41,498.56.  Instead of notifying Social Security of the mistake, the couple waited for three weeks and then sent it to the London branch of Banco Santander Totta for deposit in an account Mr Gouveia holds in their Funchal branch, Madeira.

In April, concerns were raised over the cheque in the department and Mrs Gouveia was asked to come to Social Security.  In interview she denied ever receiving the cheque or cashing it.

The police were notified and on 19^th May, attended at the couple's home.  After a brief discussion between Mr and Mrs Gouveia, officers were taken to the house garage.  Behind a wooden panel were documents relevant to the cheque and its deposit in Banco Totta.

In interview that day, Mr Gouveia made full admissions that he and his wife realised that there had been a mistake when the cheque arrived, but when no-one contacted them they decided to deposit the funds in Funchal.  Mrs Gouveia also made full admissions, adding that when interviewed by Social Security she had wanted to return the money, but was too frightened, which was the reason she lied to them.

Since being interviewed the couple have transferred the full amount they stole back to the Social Security Department.  Due to changes in the exchange rate, this has cost them thousands of Euros of their own money. 

Details of Mitigation:

Guilty pleas, remorse, very low risk of re-offending.

Previous Convictions:

None.

Conclusions:

Count 1:

240 hours' Community Service Order, or 18 months' imprisonment in default.

Sentence and Observations of Court:

Count 1:

18 months' imprisonment, suspended for a period of 2 years.

Martinha Da Conceicao Gouveia

1 count of:

Larceny (Count 1).

Age:  42.

Plea: Guilty.

Details of Offence:

See Joao Gouveia above.

Details of Mitigation:

Guilty pleas, remorse, very low risk of re-offending.

Previous Convictions:

None.

Conclusions:

Count 1:

240 hours' Community Service Order or 18 months' imprisonment in default.

Sentence and Observations of Court:

Count 1:

18 months' imprisonment, suspended for a period of 2 years.

R. C. P. Pedley, Esq., Crown Advocate.

Advocate C. G. P. Lakeman for J. A. De Sousa Gouveia.

Advocate N. J. Benest for M da Conceicao Gouveia.

JUDGMENT

THE commissioner:

1.        Mrs Gouveia was expecting a cheque from Social Security of £1,762.56 and in error on the 6^th March, 2009, she was sent a cheque for £41,498.56.  Both she and her husband knew it was an error.  The cheque sat on their mantelpiece for three weeks and not having heard from Social Security, the temptation for this hard working couple became too much for them and they sent the cheque off to be deposited in their account in Funchal.  On 7^th May Social Security asked Mrs Gouveia in for an interview and she denied receiving the cheque. 

2.        The police were notified and on 19^th May attended at the Gouveia's home.  After a brief discussion the police were taken by the couple to the house garage and from behind a wooden panel they produced the relevant documents.  They have made full admissions and have returned all of the money thereby incurring a loss of €4,000 due to the changes in exchange rates, a loss which will take some time for them to pay off. 

3.        They are both of good character and assessed at a very low risk of re-offending.  They have two young children and work very hard.  Mr Gouveia works six days a week holding down two jobs and Mrs Gouveia looks after the children full time.  They live in a privately rented flat and money for them is very tight.

4.        The Probation Service report that both defendants have been severely affected by the stress of these proceedings and the fear of imprisonment.  Mrs Gouveia has been treated for anxiety.  Both feel a deep sense of shame and have suffered a loss of respect within their community.

5.        The Prosecution acknowledge that they took no steps to dishonestly obtain this money as in the cases cited to us.  In a sense, as Mr Pedley has said, temptation was laid at their door by Social Security but retaining money you know to have been paid to you in error is dishonest.  The sums here were large and we agree that a custodial sentence is warranted.  However, because of the circumstances of this family and the exceptional mitigation, we are going to suspend that sentence. 

6.        Mr and Mrs Gouveia you are each sentenced to 18 months' imprisonment suspended for a period of 2 years.  If during that 2 year period you commit any further offences you stand to be imprisoned both for these offences and those you may have committed.

Authorities

AG-v-Wood 2002/153.

AG-v-Laverick 1999/4.