AG v Vieira [2019] JRC 226A (22 November 2019)

AG v Vieira [2019] JRC 226A (22 November 2019)

The defendant knowingly withheld material information regarding property ownership to obtain income support over eight years, amounting to £63,459, and no exceptional circumstances justified a non-custodial sentence; thus, a custodial sentence, compensation order, and costs order were imposed.

Citation
[2019] JRC 226A
Parties
Prosecutor: The Crown; Defendant: [Defendant Name Not Provided]
Jurisdiction
Jersey
Judgment Date
22 November 2019
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Fraud, False Information, Income Support, Sentencing, Compensation Order, Costs, Deportation
Criminal Law Social Security Law Fraud False Information Income Support Sentencing Compensation Order Costs +1 more

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Parties

The Crown

Prosecutor

[Defendant Name Not Provided]

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the defendant knowingly furnished false information or withheld material information to obtain income support
  2. 2 Whether exceptional circumstances exist to justify a non-custodial sentence
  3. 3 Whether a compensation order and costs order should be made

Ratio Decidendi

The defendant knowingly withheld material information regarding property ownership to obtain income support over eight years, amounting to £63,459, and no exceptional circumstances justified a non-custodial sentence; thus, a custodial sentence, compensation order, and costs order were imposed.

Court Disposition

convicted and sentenced

Orders

  • 18 months' imprisonment
  • Compensation order of £62,459.45 payable within 12 months, default 12 months' imprisonment consecutive