Jersey Judgment

AG v Carr [2023] JRC 240 (01 December 2023)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

Due to the defendant's guilty plea, remorse, repayment, and significant mitigating circumstances including pregnancy and prior abuse, a custodial sentence was substituted with community service.

Court disposition

convicted

Orders

  • 240 hours' Community Service on Count 1
  • 120 hours' concurrent Community Service on Count 2
  • Community Service to commence post-birth and recuperation
  • Order completion period extended to 18 months from today
  • £1,000 costs to Prosecution payable within 14 days

02

Material facts

Parties

Victoria Carr

Defendant

Attorney General

Prosecutor

Amounts and remedies

  • Fraudulently Obtained Sum: GBP 24,950
  • Attempted Fraudulent Sum: GBP 1,295
  • Repayment by Parents: GBP 30,000
  • Community Service Hours (count 1): 240
  • Community Service Hours (count 2): 120
  • Prosecution Costs Ordered: GBP 1,000

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

Party arguments

Applicant
Admitted offences, claimed motivation was to support elderly parents, asserted remorse, repayment of dishonestly obtained sums, mitigating circumstances including abusive relationship and pregnancy.
Respondent
Serious abuse of employer's health insurance policy, fraudulent conduct affects everyone, full credit for guilty plea, acknowledgment of mitigating factors.

05

Court’s reasoning

  1. 01

    common law

    Sentencing credit for early guilty plea

  2. 02

    common law

    Mitigating circumstances may reduce custodial sentence

06

Ratio, limits and disposition

Ratio decidendi

Due to the defendant's guilty plea, remorse, repayment, and significant mitigating circumstances including pregnancy and prior abuse, a custodial sentence was substituted with community service.

Obiter and limits

  • Fraudulent conduct affects everyone, including increased insurance premiums.
  • Defendant's previous good character lost by virtue of offending.
  • Unlikely to re-offend given current circumstances.

Court disposition

convicted

  • 240 hours' Community Service on Count 1
  • 120 hours' concurrent Community Service on Count 2
  • Community Service to commence post-birth and recuperation
  • Order completion period extended to 18 months from today
  • £1,000 costs to Prosecution payable within 14 days

Source and reliance status

Official court record

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Judgment reading view

Judgment text

The complete available source text.

Source document

Court record

Judgment

[2023] JRC 240

JUDGMENT THE DEPUTY BAILIFF: 1. Victoria Carr, you are 30 years old and of previous good character. That good character you have lost by virtue of this offending. Over a substantial period you committed a sustained and repeated fraud on your employers' health insurers. For example, you submitted thirteen invoices for x-rays to various parts of your body that you never underwent totalling some £6,747. You submitted invoices in relation to over 30 attendances for the purpose of chiropractic and physiotherapy treatments that you never attended, totalling £10,900. You forged invoices, sometimes on your work laptop, from a variety of practitioners; and in one case doctored a genuine invoice provided to your mother. In total you received, in this dishonest way, £24,950 and attempted to obtain an additional £1,295.

2. When you were interviewed by the police you admitted the offences and you claimed that you were perpetrating them to provide support for your elderly parents in Scotland. This was substantially untrue as in fact your parents sent you over £30,000 between 2017 and March of this year. Nonetheless, you say that you have repaid this sum and more.

3. You pleaded guilty at the first opportunity and you will receive full credit for that plea of guilty.

4. This was a serious abuse of your employers' health insurance policy and this sort of fraudulent conduct affects everyone, for example in relation to increased premiums.

5. We note from the Pre-Sentence Report that you were for a significant period a victim of an abusive domestic relationship which has now come to an end which may explain some of your offending. We accept that you are remorseful for what you did. We have read your letter to us and the letters written by people who know you well and accordingly we accept that this was entirely out of character. You are now in a new relationship and you have borrowed money from your partner so as to repay the health insurer all that you dishonestly obtained. You are currently in work and it is unlikely that you will re-offend.

6. You are also expecting a child, your first child, in March of next year and but for the fact that you are to give birth to your first child next March and but for the fact that there are difficulties in your pregnancy which we are not going to address publicly, but for those facts you would now be starting an 18 month sentence of imprisonment. But because of the circumstances to which we have just referred, as a direct alternative to custody you will be sentenced on Count 1 to 240 hours' Community Service, the equivalent to 18 months' imprisonment and on Count 2, to 120 hours' concurrent, the equivalent to 6 months' imprisonment making a total of 240 hours.

7. We direct that you do not start those hours until after your baby has been born and after the period of post-birth recuperation referred to in the note that we received in the retirement, and we extend the period for completion of the order to 18 months from today to take into account that period.

8. You will also pay £1,000 towards the costs of the Prosecution within 14 days of today. Do you understand? Authorities AG v Dauny [2010] JRC 141 . AG v Gibbins [2009] JRC 169 . AG v Tadier [2007] JRC 231 . AG v Appleyard [1998] 20 Page Last Updated: 06 Dec 2023 Back to top About JLIB Accessibility Contacts Copyright Disclaimer Feedback Privacy policy Site map This website is not compatible with your web browser. You should install a newer browser . If you live in Jersey and need help upgrading call the States of Jersey web team on 440099. BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

AG v Dauny [2010] JRC 141

Case cited

AG v Gibbins [2009] JRC 169

Case cited

AG v Tadier [2007] JRC 231

Case cited

AG v Appleyard [1998] 20

Case cited

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