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	Jersey Unreported Judgments
You are here: BAILII >> Databases >> Jersey Unreported Judgments >> 1999/18 - AG v Horgan [1999] UR 18 (22 January 1999) URL: http://www.bailii.org/je/cases/UR/1999/18.html Cite as: [1999] UR 18

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ROYAL COURT

(Samedi Division)

22 January 1999

Before: Sir Philip Bailhache, Bailiff, and

Jurats Potter and Le Breton

AG

-v-

Debbie Louise Horgan

1 count of obtaining services by false pretences (count1);

1 count of furnishing false information with intent to obtain a sum as on account of an allowance, contrary to Article 16(a) of the Family Allowances (Jersey) Law, 1972 (count 2);

1 count of wrongfully obtaining a sum as on account of an allowance, contrary to Article 16(b) of the Family Allowances (Jersey) Law, 1972 (count 3).

Admitted breach of a 2 year Probation Order made on 20 December 1996, (see Jersey Unreported Judgment of that date) in the Royal Court, following guilty pleas to:

2 counts of fraud (counts 1,2)

2 counts of falsification of accounts (counts 3,4)

2 counts of obtaining money by false pretences (counts 5,6)

Plea:Guilty

Age:27

Details of Offence:

Count 1: The defendant fraudulently induced an elderly gentleman to enter into an agreement for a mobile phone by making him believe he was merely providing a safe address for the delivery of a "SIMM" card. She had not intended the bill to go to the elderly gentleman, but when it did arrive in the sum of £133.14 he realised he had been deceived and was very upset. This offence was committed whilst she was on probation for other offences of dishonesty.

Count 2: The defendant claimed she was separated from her husband from 5 May 1995, when in fact she separated from him on 8 August 1996. She forged a letter from him to Social Security and forged his signature on a subsequent form in order to obtain the allowance.

Count 3: The defendant claimed family allowance over a period of 15 months, illegally receiving approximately £4,000. She had gone to quite complicated lengths to provide the false information and to ensure she was able to intercept any mail sent to her husband.

Details of Mitigation:

Defendant had two daughters aged 4 and 7. Defence counsel expressed her remorse. Psychological report prepared as an addendum to the psychological report prepared at sentencing in 1996. Noted that she was well aware of the illegality of her actions and had a strategy of dangerous risk taking in the hope of not being discovered. Report noted her considerable powers of persuasion to manipulate persons and noted that if she directed her energies into legitimate business she could be very successful.

Previous Convictions:

On 20 December 1996, the defendant was sentenced to two years probation with 180 hours community service in respect of two counts of obtaining money by false pretences (approximately £3,500) and two counts of false accounting, all four counts committed against her employer the travel department of the Co-operative Society.

Conclusions:

count 1: 3 months imprisonment

count 2: 9 months imprisonment

count 3: 9 months imprisonment

Counts 2 & 3 to run concurrently with each other, but to follow consecutively count 1.

Breach of Probation Order:

count 1: 9 months imprisonment

count 2: 9 months imprisonment

count 3: 9 months imprisonment

count 4: 9 months imprisonment

count 5: 9 months imprisonment

count 6: 9 months imprisonment

Concurrent with each other and with counts 2 & 3 of indictment, but consecutive to count 1.

TOTAL SENTENCE: 12 months imprisonment

Sentence and Observations of the Court:

2 years Probation, 150 hours Community Service to be completed within 12 months. (Previous Probation Order now expired, but offences committed when it was current). The Court said it wished to make it clear to the defendant that she deserved to go to prison. She had abused the trust and friendship of an elderly man at a time when on probation. The wrongful claims for family allowance aggravated by the forged documents. In the ordinary course of events she would be sentenced to a prison term. It was only the existence of her two young children and the knowledge that no other members of the family were willing or able to care for them which spared her a prison sentence. The Court warned her in future to think of the interests of her children because if there is a next time, she will receive a prison sentence and the children will be punished even more than herself.

Mrs S Sharpe, Crown Advocate

Advocate A Messervy for the accused

JUDGMENT

THE BAILIFF: Mrs Horgan, we wish to make it clear to you that you deserve to go to prison. You abused the trust and friendship of an elderly man at a time when you were on probation for other offences of dishonesty. Your deceit over a period of time and the lengths to which you went to pull the wool over the eyes of the Employment and Social Security Department aggravated the offences which you have committed and in the ordinary course of events we have little doubt that we would be sentencing you to a prison term. The only factor which has tipped the scales in your favour and against a custodial sentence being imposed is the existence of your two small children, aged 7 and 4. Because we accept what your counsel has told us that there are no other members of your family willing or able to care for them in your absence and because a prison sentence would therefore mean their being placed in care we are going to put you on probation.

We hope that in the future you will think of the interests of your children in the way in which you conduct your life because if there is a next time - and we hope very much that there will not be a next time - it is likely that you will receive a prison sentence and you will punish your children even more than you punish yourself.

We are going to place you on probation on each of the counts to which you have pleaded guilty this afternoon for a period of two years, subject to the usual provisions that you be of good behaviour and live and work as directed by your Probation Officer and subject to the additional condition that you perform 150 hours of Community Service to the satisfaction of the Community Service organiser and those hours will be completed within 12 months. So far as the other offences committed in 1996 are concerned we are going to make no further Order.

Authorities

Whelan: "Aspects of Sentencing in the Superior Courts of Jersey": pp54-55.

Whelan: "Aspects of Sentencing in the Superior Courts of Jersey":

Noter Up: 1996-1997: pp 21-23

AG -v- Halsall (9 December 1996) Jersey Unreported

AG -v- Harris (27 March 1997) Jersey Unreported

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

AG -v- Godwin (30 October 1998) Jersey Unreported[1998.218]

AG -v- Horgan (20 December 1996) Jersey Unreported

McMeiken -v- AG (25 July 1994) Jersey Unreported

Whitehead (1996) 1 Cr.App.R(S) 111