AG -v- Cocks [2014] JRC 142A (14 July 2014)
- Citation
- [2014] JRC 142A
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Sentencing
More details
- Posture
- Criminal / Sentencing
On this page
Professional case brief
Research organized from the available case record
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 BellCrown
ProsecutionAdvocate Harrison
Amicus Counsel: Advocate HarrisonAmounts and remedies
- Compensation Order: GBP 51,601.94
03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
Whether the defendant committed fraud by dishonestly obtaining income support payments
- 02
Appropriate sentence for prolonged dishonest conduct
- 03
Entitlement and quantum of compensation order
- 04
Entitlement to costs order against defendant
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
Legal principles
- 01
Income Support (Jersey) Law 2007
Maximum sentence for offences under Income Support (Jersey) Law 2007 is 7 years' imprisonment.
- 02
Criminal Justice (Compensation Orders)(Jersey) Law 1994
Compensation orders may be made for proceeds of crime to reimburse victims.
- 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
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