1999/4 - AG v Laverick [1999] UR 4 (11 January 1999)

1 count of possession of a controlled drug, contrary to Article 6(1) of the Misuse of Drugs (Jersey) Law, 1978.

1 count of driving whilst disqualified, contrary to Article 9(4) of the Road Traffic (Jersey) Law, 1956 (count 4).

Counts 1 and 2: claimed invalidity benefit from Social Security while working under another name. 1: claimed three months benefit totalling £1,463.97. 2: claimed 5½ months’ benefit totalling £2,708.31. 3: had small amount of cannabis for personal use. 4: at expiry of period of disqualification, drove without taking a further test in Jersey. Social Security fraud was deliberate and involved registration under a false name and persuading employer to enter false name in wages book.

Initial disability was genuine. Frank about offences once detected. No significant record. Unrelated act of heroism in 1997 (entered burning building to save occupant). Making repayments at £50 per week. Re count 4, took test and obtained licence in United Kingdom.

Count 1:9 months imprisonment

Count 2:9 months imprisonment, concurrent

Count 3:1 month imprisonment, consecutive

Count 4:1 month imprisonment, consecutive

Total: 11 months imprisonment

Sentence and Observations of the Court:

Count 1:9 months imprisonment

Count 2:9 months imprisonment, concurrent

Count 3:1 month imprisonment, concurrent

Count 4:1 month imprisonment, concurrent

Total: 9 months imprisonment

Compensation to be paid under the Criminal Justice (Compensation Order) (Jersey) Law, 1994 to the Employment and Social Security Committee:

The default sentences to run concurrently with each other, but to follow consecutively sentences imposed on counts in indictment. Compensation at £50 per week, suspended until release from prison. Deliberate and serious fraud.

THE DEPUTY BAILIFF: The use of the slang word ‘scam’ by the defendant apparently to attempt to minimise the seriousness of these crimes is of no effect at all in the context of the offences. This is more than a fraudulent trick, it is a fraud upon every contributor to the fund and it is a fraud on the Island community. It was, in our view, a serious fraud. The defendant registered with the Social Security in two names - one of those was false -and whilst claiming injury benefit in his own name he worked in the false name of "Martin Green". Over a period of time, the total that he defrauded from the fund - according to the charge sheet - was £4,172.28.

This Court was referred to the case of Livingstone Stewart & Ors (1987) 9 Cr.App.R.(S) 135 and it may be of use to set out what the English Court of Appeal said in that case at p.139:

"Other considerations which may affect the decision of the Court are:

(i)a guilty plea;

(ii)the amount involved and the length of time over which the defalcations were persisted in (bearing in mind that a large total may in fact represent a very small amount weekly);

(iii)the circumstances in which the offence began (eg. there is a plain difference between a legitimate claim which becomes false owing to a change of situation and on the other hand a claim which is false from the very beginning);

(iv)the use to which the money is put (the provision of household necessities is more venial then spending the money on unnecessary luxury);

(v)previous character;

(vi)matters special to the offender, such as illness, disability, family difficulties, etc.

(vii)any voluntary repayment of the amounts overpaid."

Laverick has no previous criminal offences serious enough to weigh against him and we note that he acted heroically in 1997 in a burning flat, seeking to save an elderly lady.

Despite all this, the use to which he put most of the money and the references supplied, this Court does feel that this was a deliberate and serious fraud. We consider that the Solicitor General is quite right in her conclusions but we will look at the totality principle and therefore we are going to sentence you to nine months rather than eleven months as asked for. On the first two counts, you are sentenced to 9 months imprisonment concurrent; on counts three and four, you are sentenced to 1 month imprisonment concurrent, making a total of 9 months imprisonment. We order the forfeiture and destruction of the drugs. The compensation order in the sum of £50 per week will be suspended whilst the accused is serving his prison sentence and the accused will serve 2 weeks imprisonment in default of payment.

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Jersey Unreported Judgments