Jersey Judgment

AG v Lagadu [2000] JRC 228 (17 November 2000)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The defendant's cooperation, repayment of arrears, and acknowledgment of offences warranted a slight modification of the Crown Advocate's recommendations, but fines and costs were still imposed to reflect the seriousness of the offences and deter similar conduct.

Court disposition

convicted and sentenced

Orders

  • Fined £300 on each principal charge
  • Fined £25 on each offence for breach of order
  • Total fine of £5,525
  • 34 weeks' imprisonment in default of payment
  • Pay £1,000 towards prosecution costs
  • Fine to be paid at £50 per week

02

Material facts

Parties

Mr Lagadu

Defendant

Crown Advocate

Prosecutor Counsel: Crown Advocate

Amounts and remedies

  • Total Fine: GBP 5,525
  • Imprisonment in Default (weeks): 34
  • Prosecution Costs: GBP 1,000
  • Weekly Payment Rate: GBP 50

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

What is the appropriate sentence for failure to pay social security contributions over a prolonged period?

Party arguments

Applicant
The defendant acknowledged the offences, cooperated with authorities, and has repaid the arrears to the Social Security Fund.
Respondent
The Crown Advocate sought fines for each principal charge and each breach, as well as imprisonment in default and prosecution costs.

05

Court’s reasoning

  1. 01

    court's reasoning

    Failure to pay social security contributions imposes a burden on other contributors and may result in benefit to the offender via interest on unpaid sums.

06

Ratio, limits and disposition

Ratio decidendi

The defendant's cooperation, repayment of arrears, and acknowledgment of offences warranted a slight modification of the Crown Advocate's recommendations, but fines and costs were still imposed to reflect the seriousness of the offences and deter similar conduct.

Court disposition

convicted and sentenced

  • Fined £300 on each principal charge
  • Fined £25 on each offence for breach of order
  • Total fine of £5,525
  • 34 weeks' imprisonment in default of payment
  • Pay £1,000 towards prosecution costs
  • Fine to be paid at £50 per week

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

[2000] JRC 228

JUDGMENT THE BAILIFF: 1. The vice of offences under the Social Security Law is the prospective burden which those who fail to pay their Social Security Contributions place upon other contributors to the Fund. In addition, because of the long period of time during which this failure to comply with the obligation has continued there has been a benefit, albeit small perhaps, in terms of interest on unpaid contributions.

2. Nonetheless we take into account that the defendant has now put himself in order with the Social Security Fund and has repaid the arrears. We also take into account that there has been an immediate acknowledgement that the offences were committed and co-operation with the investigating authorities. We give weight to that and we are prepared to modify slightly the conclusions of the Crown Advocate.

3. Mr Lagadu, you will be fined on each of the principal charges, the sum of £300, and on each of the offences for breach of the order the sum of £25, making a total fine of £5,525 and as moved for by the Crown Advocate, 34 weeks' imprisonment in default of payment. Furthermore, you will pay £1,000 towards the prosecution costs. We order that the fine be paid at the rate of £50 per week. Authorities A. G -v- Hall (20 th July, 1990) Jersey Unreported. A. G. -v- Houghton (25 th February, 1994) Jersey Unreported. Page Last Updated: 19 Aug 2015 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.

A. G -v- Hall (20th July, 1990) Jersey Unreported

Case cited

A. G. -v- Houghton (25th February, 1994) Jersey Unreported

Case cited

Social Security Law

Legislation

Legislation referenced in the available case record.

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