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	Jersey Unreported Judgments
You are here: BAILII >> Databases >> Jersey Unreported Judgments >> 1999/26 - AG v Richardson [1999] UR 26 (5 February 1999) URL: http://www.bailii.org/je/cases/UR/1999/26.html Cite as: [1999] UR 26

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ROYAL COURT

(Samedi Division)

5 February 1999

Before: Sir Philip Bailhache, Bailiff, and

Jurats Gruchy and Le Brocq

AG

-v-

Peter William Richardson, t/a

Richardson Roofing

6 counts of contravening Article 10(1) of the Social Security (Collection of Contributions) (Jersey) Order, 1975, as amended, by failing to return a duly completed Class 2 Social Security contributions payment slip, within 15 days of the end of the Quarter:

count 1: 1996,Quarter ‘A’;

count 3: 1996,Quarter ‘B’;

count 5: 1997,Quarter ‘A’;

count 7: 1997,Quarter ‘B’;

count 9: 1998.Quarter ‘A’;

count 11: 1998,Quarter ‘B’.

6 counts of contravening Article 36(1) of the Social Security (Jersey) Law, 1974, as amended, by failing to pay Social Security contributions within the time prescribed:

count 2: 1996,Quarter ‘A’;

count 4: 1996,Quarter ‘B’;

count 6: 1997,Quarter ‘A’;

count 8: 1997,Quarter ‘B’;

count 10: 1998.Quarter ‘A’;

count 12: 1998,Quarter ‘B’.

Age:43

Plea:Facts admitted.

Details of Offence:

Richardson carried on business as Richardson Roofing and had failed to pay any Class 2 Social Security contributions for the period from June 1989, to June, 1998. The total arrears of contributions were £16,212.95.

Details of Mitigation:

He had now paid off all the arrears. He had pleaded guilty and was remorseful and was relieved that the matter had come to light. He accepted the seriousness of the offence but when he had come to the Island in 1989 money was tight and he had not felt able to approach the authorities.

Previous Convictions: None since 1973 and none relevant.

Conclusions:

Counts 1,3,5,7,9,11: £150 fine on each count or 1 week imprisonment in default of payment.

Counts 2,4,6,8,10,12: £300 fine on each count or 2 weeks’ imprisonment in default of payment.

TOTAL: £2,700 fine or 18 weeks imprisonment in default of payment.

£200 costs.

Sentence and Observations of the Court: Conclusions granted.

The Court acknowledged that the offence constituted a kind of fraud on society. The Court also recognised the co-operation given by Richardson to the Social Security Department, that he had admitted his guilt and had paid off his arrears. Taking those matters into account the Court was prepared to grant the conclusions of the Crown, otherwise they considered that the conclusions might have been heavier.

JGP Wheeler Esq., Crown Advocate

Advocate MPG Lewis for the accused

JUDGMENT

THE BAILIFF: Mr Richardson, the Court has listened very carefully to everything which your counsel has said on your behalf but is going to grant the conclusions. The gravamen of these offences as I am sure you now understand is that when a self-employed person fails to pay his Social Security contributions, and later falls ill or retires, then the burden of supporting that person falls upon the community as a whole. Therefore the Crown Advocate is quite right to refer to these offences as being ‘a kind of fraud’. The Court nevertheless takes very much into account the fact that you have co-operated with the Social Security Department; that you have paid off the outstanding arrears to the Social Security fund and that you have admitted the infractions and made a clean breast of things. The Court considers that those factors have been taken into account by the Crown Advocate in moving his conclusions which might otherwise have been heavier.

The Court is therefore going to impose, on each of the odd numbered counts, a fine of £150 or, in default of payment, 1 week imprisonment consecutive on each count. On each of the even numbered counts, the Court imposes a £300 fine or, in default of payment, 2 weeks imprisonment consecutive on each count, making a total fine of £2,700, or 18 weeks imprisonment in default of payment. The Court also orders you to pay £200 in respect of costs. We grant the application of your counsel that those fines and costs may be paid off at the rate of £50 per week.

Authorities

AG -v- James Walker (1 July 1994) Jersey Unreported