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Digital copy of The Attorney General v. Witness 195 before the Royal Court, Samedi Division. Undated, c. 2012. [Some details redacted]. Taken from Jersey Law on 30 October 2014. For Witness 195's witness statements to the States of Jersey Police dated between 2003 and 2009, see C/D/AW1/B1/2/1/19.
2012 - 2012
|Scope and Content|
1. Indictment laid against Witness 195 before the Deputy Bailiff W J Bailhache, and Jurats Fisher and Marett-Crosby. Refers to one count of an offence and Witness 195's guilty plea. Gives details of offence, referring to Witness 195's receipt of weekly income support, sub-letting of his accomodation to a third party, failure to notify the Social Security Department upon leaving Jersey and illegally claiming income support off-island. Describes how Witness 195 falsely stated on his Social Security review form that he was still living at the address in Jersey and subsequent suspension of his claim. Notes that investigation revealed that Witness 195 had been overpaid by thousands of pounds which he had used to fund his lifestyle in England and make frequent trips [abroad]. Includes details of mitigation, referring to his guilty plea, payback of some of the missing monies, contents of a Social Enquiry Report and Psychiatric Report and Witness 195's traumatic childhood. Refers to Witness 195 having had 91 previous convictions. Notes conclusions and observations of Court noting how although the count against Witness 195 related to failure ot notify the Social Security Department of a change of circumstances, his actions amounted to fraud against the public purse in the sum of £25,000. Comments on nature of offence of benefit fraud. Notes recognition of the Court of Witness 195's guilty plea and the content of the background reports, but decision to sentence on basis that many people with traumatic backgrounds did not go on to commit crime. Issues sentence of 18 months' imprisonment and gives details of a Compensation Order sought. Names Crown Advocate C M M Yates and Advocate J W R Bell for Witness 195. 2. Judgment of the Deputy Bailiff in respect of The Attorney General v. Witness 195. Comments on nature of offence of benefit fraud committed by Witness 195, describing a custodial sentence as right in principle for such an offence. Notes recognition by the Court of the mitigation put before them by Witness 195's counsel. Sentences Witness 195 to 18 months' imprisonment and makes a Compensation Order in respect of the outstanding monies yet to be paid back by Witness 195, noting alternative default sentence of 12 months' imprisonment if the money is not paid back.
Bailhache, William James, Deputy Baliff
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