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Jersey Judgment

AG -v- Cocks [2014] JRC 142A (14 July 2014)

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Source document

01

Holding and result

Deliberate and prolonged dishonest conduct in obtaining income support payments warrants a custodial sentence and compensation order; defendant's lack of cooperation justifies indemnity costs order.

Court disposition

convicted

Orders

  • 4 years' imprisonment to run concurrently on each count
  • Compensation Order in favour of Social Security Department for £51,601.94
  • Default prison sentence of 12 months if compensation not paid within 2 months
  • Order to pay prosecution costs on indemnity basis as taxed by the Greffier
  • No order for payment of amicus costs; to be paid from public funds

02

Material facts

Parties

Mr Cocks

Defendant Counsel: Advocate Bell

Crown

Prosecution

Advocate Harrison

Amicus Counsel: Advocate Harrison

Amounts and remedies

  • Compensation Order: GBP 51,601.94

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

Party arguments

Applicant
Defendant claimed no income, assets, or bank accounts on application forms and maintained this position during reviews and special payment applications. Defendant indicated willingness to repay monies in social enquiry report.
Respondent
Prosecution argued for custodial sentence and compensation order due to deliberate and prolonged fraud, repeated untruthful representations, and lack of cooperation during proceedings.

05

Court’s reasoning

  1. 01

    Income Support (Jersey) Law 2007

    Maximum sentence for offences under Income Support (Jersey) Law 2007 is 7 years' imprisonment.

  2. 02

    Criminal Justice (Compensation Orders)(Jersey) Law 1994

    Compensation orders may be made for proceeds of crime to reimburse victims.

  3. 03

    Costs in Criminal Cases (Jersey) Law 1961

    Costs orders may be made against defendants who fail to cooperate or enter guilty pleas.

06

Ratio, limits and disposition

Ratio decidendi

Deliberate and prolonged dishonest conduct in obtaining income support payments warrants a custodial sentence and compensation order; defendant's lack of cooperation justifies indemnity costs order.

Obiter and limits

  • Court notes defendant's humble background and personal circumstances with sadness but emphasizes hope for future rehabilitation.
  • Court declines to order payment of amicus costs as defendant did not request amicus assistance and such costs will be paid from public funds.

Court disposition

convicted

  • 4 years' imprisonment to run concurrently on each count
  • Compensation Order in favour of Social Security Department for £51,601.94
  • Default prison sentence of 12 months if compensation not paid within 2 months
  • Order to pay prosecution costs on indemnity basis as taxed by the Greffier
  • No order for payment of amicus costs; to be paid from public funds

Source and reliance status

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Authorities

Authorities used by the court

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AG v McLoughlan [2012] JRC 179

Case cited

AG v Turner [2012] JRC 147

Case cited

AG v Duchesne [2012] JRC 063

Case cited

AG v Couillard [2011] JRC 179A

Case cited

Income Support (Jersey) Law 2007

Legislation

Legislation referenced in the available case record.

Criminal Justice (Compensation Orders)(Jersey) Law 1994

Legislation

Legislation referenced in the available case record.

Costs in Criminal Cases (Jersey) Law 1961

Legislation

Legislation referenced in the available case record.

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