Jersey Unreported Judgments

2001/77

3 pages

ROYAL COURT

(Samedi Division)

 

29^th March, 2001

 

Before:    Sir Philip Bailhache, Bailiff, and

                                                      Jurats de Veulle, and Allo.

 

 

The Attorney General

 

-v-

 

Richard Andrew Hervé

 

18  counts of   contravening Article 10 (1) of the Social Security (Collection of Contributions) (Jersey) Order , 1975, by failing to return             

                      to the Social Security Department a duly completed Class 2 payment slip within 15 days after the end of the Contribution              

                      Quarters in the years 1996, 1997, 1998, 1999, and 2000 (counts 1 - 18);

                 

18 count of    contravening Article 36 (1) of the Social Security (Jersey) Law 1974, by failing to pay social security contributions within             

                      the prescribed period (counts 19 - 36).                                                                                                                      

                 

Age:       46.

 

Plea:      Facts admitted.

 

Details of Offence:

 

As a result of information received in September, 2000, the Department of  Employment and Social Security  discovered that the accused had, as a self employed person failed to pay contributions from January 1993 to June 2000.  During the latter part of 1992,  Hervé had experienced financial difficulties and informed the Social security Department that he could not afford to pay his contributions.  He decided to remain at home as a "house husband" to look after two children whilst his wife worked.    Mr Hervé continued to work as a plumber on a part time basis for a period from 1993 to 2000 with the exception of the tax year 1994.  Arrears of contributions amounted to £16,427.47 ( if calculated at the standard rate for the years when no contributions were paid ), or £23,068.27 calculated at the standard rare in the year 2001.   Arrears of contributions for the period charged amounted to £9,617.40.

 

Details of Mitigation:

 

The accused made full and frank admissions when interviewed by the Social Security Department, and had been co-operative throughout the investigation.  Had the accused applied to pay earnings related to class 2 contributions for the period 1993 to 2000, the outstanding amount would have amounted to approximately £4,000, or during the period charged, approximately £1,000

 

Previous Convictions:     None.

 

Conclusions:

 

Detailed affidavit of means filed by the Defendant indicated that joint monthly income of approximately £4,400,capital liability of approximately £85 - 86,000, ( of which £53,000 represented amounts due on 12 credit cards - the minimum monthly interest repayments amounted to £3,000 ).  The affidavit stated that the defendant had no assets to pay a fine, and on that basis the Crown moved as follows:

1 year probation on condition that he completed 120 hours community service ( in accordance with the decision of the Court in A.G -v- Kenny, 28^th February 1992 ( Jersey Unreported.).

 

Sentence & Observations of Court:

 

Conclusions granted.  Court made observations that failure to pay social security contributions was fraud against the whole community.

 

 

 

                                              P. Matthews, Esq., Crown Advocate

                                             Advocate J. Grace,  for the Accused.

 

 

 

 

JUDGMENT

 

THE BAILIFF:

 

1.      The Court has said before,  on many occasions,  that breaches of the Social Security Law are a serious matter because, at the end of the day, if the obligations are not met the burden of supporting an insured person in his old age will fall upon the state in one form or another.

 

2.      The defendant has been given indulgences by the Social Security Department, and has not responded to them.  We find it difficult to accept that he did not understand what his obligations were under the Social Security Law, but in any event there is a duty on every citizen to find out what those legal obligations are.

 

3.      The defendant has built up an extraordinary amount of debts which do not seem to us to reflect necessary expenditure.   Defence counsel has said that her client would prefer to pay a fine than to perform Community Service as moved for by the Crown Advocate.  We do not think on the figures and on the information provided to us, and having regard also to the defendant's continuing obligation to pay the arrears due to the Social Security Fund, that a fine is a realistic option. 

 

4.      We have no doubt that the defendant must be punished for these offences, and we have reached the conclusion that the recommendations of the Crown Advocate are right and proper.  Mr Hervé would you stand up please.   The sentence of the Court is that you are placed on probation for a period of 1 year subject to the condition that you perform, to the satisfaction of  the Community Service Organiser, 120 hours of Community Service.

 

Authorities

 

 

A.G -v- Cahors (15^th December, 2000) Jersey Unreported.

 

A.G -v- Lagadu (17^th November, 2000) Jersey Unreported.

 

A.G -v- Kenny (28^th February, 1992) Jersey Unreported.

 

Social Security (Jersey) Law 1974.