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	Jersey Unreported Judgments
You are here: BAILII >> Databases >> Jersey Unreported Judgments >> 1998/218 - AG v Godwin [1998] UR 218 (30 October 1998) URL: http://www.bailii.org/je/cases/UR/1998/218.html Cite as: [1998] UR 218

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ROYAL COURT

(Samedi Division)

30 October 1998

Before: F C Hamon Esq., Deputy Bailiff and

Jurats Potter and Bullen

AG

-v-

Carol Susan Godwin.

12 counts of obtaining money by false pretences (counts: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12.)

2 counts of fraud (counts 13, 14 ).

1 count of wrongfully obtaining payment of Family Allowance, contrary to Article 16(b) of the Family Allowance (Jersey) Law 1972, (count 15).

Age: 36

Plea: Guilty

Details of Offence:

Benefit fraud against Parish of St Helier ( Welfare ), Housing ( Rent Abatement ), and Social Security (Family Allowance ). Obtaining a total of approximately £10,800 (to include the value of rent abatement.) Broadly, the amount was £7,500 from the Parish: £3,000 in rent abatement, and £200 from Social Security. The accused did not declare that she had a co-habitee. Had she done so none of the benefits would have been payable. Offences covered an 18 month span.

Details of Mitigation:

Co-habitee contributed little. Accused supporting two unemployed daughters and a grandchild. No evidence of luxury spending. Eventual admissions and full co-operation. Guilty plea and remorse. Good character.

Previous Convictions:

de minimis (No TV licence 14 years ago) etc.

Conclusions: 2 years Probation with 180 hours Community Service.

Sentence & Observations of the Court:

Serious offences. Personal mitigation sufficient to avoid custodial sentence. Personal circumstances not well suited to community service. Extra year of probation instead. 3 year Probation Order.

C E Whelan Esq., Crown Advocate

Advocate J Martin for the accused

JUDGMENT

THE DEPUTY BAILIFF: On the face of it Mrs Godwin obtained benefits totalling £10,857 in Parish Welfare, Rent Rebate, and Family Allowance.

The rules from all those agencies is perfectly clear and she was well aware of them. If an applicant is cohabiting with another adult, then that other adults income is taken into account in deciding whether the applicant qualifies for the payment of benefits at all and if so, in what amount. Nothing in our view could have been clearer.

The crime to a certain extent is compounded by Mrs Godwin declaring at one stage to the Housing Committee, that her partner Mr Fleet did not live with her. A fraud upon the Social Security Fund and upon the other agencies is a fraud on every contributor to those funds, and indeed a fraud upon the whole community, and because it is so serious it will normally demand a prison sentence.

We must look however, at the appropriate sentence, not because of exceptional circumstances, not even because we feel that we should exercise mercy.The background report reveals a life of what can only be described as drudgery, and a family that quite clearly fails to appreciate her sacrifices for them. She has no life of her own, she works at night returning at 1.00am in the morning and lives in what is clearly poor accommodation. Her background is painfully set out in the reports that we have received, and we say nothing here of her feckless family, but on reflection and some after consideration, we do not consider that she should have to carry out community service, but to counteract the lack of community service, Mrs Godwin, will you stand up please, we are going to sentence you to 3 years probation.

Authorities

A.G -v- Halsall (9 December 1996) Jersey Unreported

A.G -v- Harris (27 March 1997) Jersey Unreported

A.G -v- Henriette (11 July 1997) Jersey Unreported

A.G -v- Blake (18 August 1995) Jersey Unreported