AG -v- Gallagher [2011] JRC 129 (01 July 2011)

JUDGMENT THE COMMISSIONER: 1. Dishonestly taking money in Income Support from the Social Security Department is a very serious offence which involves stealing money from the whole community. The Crown Advocate is right that the usual penalty for this kind of offending is a custodial sentence.

2. In mitigation, this defendant has pleaded guilty; has shown considerable remorse and shame and has done her utmost to repay the money which she took. She has two young children for whom she is the principal carer.

3. Miss Gallagher, the Court has read your letter carefully and we want to say that we are impressed by the way in which you have taken responsibility for what you did and have not tried to make excuses for yourself. We are also very impressed by the determination that you are showing to repay the money that you took and we are sure that those efforts will continue. We are also glad that you have been supported in Court by the grandfathers of your two children.

4. We are going to impose the custodial sentence for which the Crown Advocate has asked, but we are going to suspend it for a period of 2 years. That means that if you do not offend again during the next 2 years by committing a serious offence you will not go to prison at all. If you do offend then you may be brought back to be sentenced again for this offence. We impose a sentence of 15 months' imprisonment and we order, pursuant to the Criminal Justice Suspended Prison Sentences (Jersey) Law 2003 , that it be suspended for a period of 2 years. Authorities Criminal Justice Suspended Prison Sentences (Jersey) Law 2003. AG-v-Morin [2010] JRC 217D . AG-v-Manners [2009] JRC 212 . AG-v-Gouveia and Gouveia [2009] JRC 189 . AG-v-Morton [2007] JRC 127 . AG-v-Green 2002/120. AG-v-Payne 1999/220. R-v-Graham & Whatley [2005] 1 Cr App R (S) 115 . Page Last Updated: 18 Aug 2016 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII