AG -v- McLoughlin [2012] JRC 179 (05 October 2012)

AG -v- McLoughlin [2012] JRC 179 (05 October 2012)

The defendant engaged in deeply dishonest conduct by fraudulently obtaining £60,053.33 in income support over three years, warranting a custodial sentence of three years and a compensation order for the full amount, with a consecutive sentence in default of payment.

Citation
[2012] JRC 179
Parties
Defendant: [Defendant Name Not Provided]; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
05 October 2012
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Benefit Fraud, Dishonesty Offences, Sentencing, Compensation Orders
Criminal Law Social Security Law Benefit Fraud Dishonesty Offences Sentencing Compensation Orders

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Parties

[Defendant Name Not Provided]

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the defendant withheld material information from the Social Security Department to obtain income support fraudulently
  2. 2 Appropriate sentence for benefit fraud involving substantial sums over a prolonged period
  3. 3 Whether a compensation order should be imposed and its terms

Ratio Decidendi

The defendant engaged in deeply dishonest conduct by fraudulently obtaining £60,053.33 in income support over three years, warranting a custodial sentence of three years and a compensation order for the full amount, with a consecutive sentence in default of payment.

Court Disposition

convicted and sentenced

Orders

  • Three years' imprisonment for benefit fraud
  • Compensation order for £60,053.33 payable within 12 months