Jersey Unreported Judgments

[2007]JRC127

ROYAL COURT

(Samedi Division)

29^th June 2007

Before     :

F. C. Hamon, Esq., O.B.E., Commissioner, and Jurats Allo and King.

The Attorney General

-v-

Angela Frances Morton

Sentencing by the Inferior Number of the Royal Court, following guilty pleas to the following:

3 counts of:	Fraud.  (Counts 1, 2 and 3).
1 count of:	Wrongfully obtaining payment of Family Allowance, contrary to Article 15 (b) of the Family Allowances (Jersey) Law, 1972.  (Count 4).

Age:  47

Plea: Guilty.

Details of Offence:

Between March 2003 and January 2007 Morton defrauded the Housing Department by claiming rent abatement after providing misleading information.  On 13^th February 2004, 30^th July 2005 and 14^th July 2006 she submitted application forms which incorrectly indicated only she and her two sons lived in her flat (whereas she had commenced co-habitation with her common law partner on the 2^nd March 2003).  A total of £23,097.67 was fraudulently obtained.

Between March 2003 and January 2007 Morton defrauded the Department of Social Security by claiming Family allowance while co-habiting with her partner (this despite letters dated 27^th March 2003, September 2003, 8^th October 2003 and 5^th July 2004 sent to her by the Social Security Department asking if there had been a change in her circumstances).  A total of £19,975.56 was fraudulently obtained.

Details of Mitigation:

Guilty pleas; remorse; full co-operation; both rent abatement and Family allowance were initially claimed on a legitimate basis; previous good character; the accused had two sons aged 12 and 10 (one of whom has a disability) and elderly infirm parents to care for; total repayment in respect of the rent abatement fraud had been made while voluntary repayment was being made in respect of the Family allowance fraud; no attempt to conceal her wrongdoing; no evidence monies defrauded spent on luxuries.

Previous Convictions:

None.

Conclusions:

Count 1:	2 years' imprisonment.
Count 2:	2 years' imprisonment, concurrent.
Count 3:	2 years' imprisonment, concurrent.
Count 4:	2 years' imprisonment, concurrent.
Total:	2 years' imprisonment.

Sentence and Observations of Court:

240 hours Community Service Order, equivalent to 18 months imprisonment.

To incorrectly fill in an application form for rent abatement on one occasion is one thing - repeatedly to do so over a period of years is an act of pure criminality.  An anonymous telephone call had revealed the wrongdoing.  Morton had been unable to explain herself.  A total of £23,097.67 had been obtained by way of rent abatement.  This sum had been repaid.  In the same way Morton had wrongfully claimed Family allowance in the sum of £19,975.56.  She was now making voluntary repayment.  She had defrauded a large amount of money over a long period.  There was, however, very exceptional mitigation present.  The Court wished to send out a firm warning to anyone else engaging in this type of activity that it would not in future be so lenient.  Morton had pleaded guilty.  She had enormous family difficulties.  This included a 10 year old son with a low mental age.  She had repaid the benefit obtained by dint of the rent abatement fraud.  In time she would repay the amount wrongfully obtained by way of Family allowance.  The Court would not tolerate this type of behaviour.  Morton would be sentenced to 240 hours' Community service (an equivalent of 18 months' imprisonment).

A. J. Belhomme, Esq., Crown Advocate.

Advocate R. J. MacCrae for the Defendant.

JUDGMENT

THE COMMISSIONER:

1.        To fill in an application form for rent rebate incorrectly on one occasion and to deliberately falsify records over a period of years in order to achieve an abatement of rent is an act of pure criminality. 

2.        Morton had been aware, when her partner moved in on 2^nd March 2003, that she could not possibly answer in the negative a question which asked "Are you living with your spouse or a partner?"  It was an anonymous telephone call to the Housing Department that eventually revealed the true situation. 

3.        When she was eventually interviewed she could give no explanation, and it is calculated that she benefited by way of rent abatement in the sum of £23,097.67.  She has since repaid the whole of that sum outstanding. 

4.        There is, however, worse to come because she was also claiming family allowance in the same way.  She eventually came clean on this matter and it is has been shown that she owed to the Department £19,975.56 because of that illegality.  She is making voluntary repayments in reduction, but the debt still stands at £18,410.41.  She continues to pay her backdated contribution and we believe will continue until full repayment is made.

5.        There are, in this case, some very exceptional circumstances.  We say this merely to put out a firm warning to anyone else who tries to defraud a most generous system, which we have in Jersey, that we will not be so lenient in the future. 

6.        She has pleaded guilty.  There is a large amount of money involved over a long period of time, but she works hard and she has had enormous family difficulties.  Perhaps most importantly one of her young sons has severe learning problems.  He is 10 now with a lower mental age.  She has made total repayment in respect of the rent abatement fund, and will finalise in time the family benefit fraud.  But fraud it was and again we must make it very clear that we will not tolerate this kind of crime in the future.

7.        You must carry out 240 hours of Community Service which is a direct alternative to 18 months' custody, but please remember that the Crown did ask for 2 years' imprisonment.  We have no argument with any of the Crown's conclusions this morning.  This is a direct alternative and, of course, you must repay the money until it is fully paid.

No Authorities