1999/164 - AG v Fitzsimmons [1999] UR 164 (1 October 1999)

1999/164 - AG v Fitzsimmons [1999] UR 164 (1 October 1999)

The accused committed deliberate fraud upon the Social Security fund, justifying a custodial sentence and a compensation order as no mitigating factors warranted departure from the Crown Advocate's conclusions.

Citation
[1999] UR 164
Parties
Accused: Fitzsimmons; Victim: Committee of Employment and Social Security; Prosecution: Crown Advocate
Jurisdiction
Jersey
Judgment Date
01 October 1999
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Fraud, Social Security Fraud, Sentencing, Compensation Order
Criminal Law Fraud Social Security Fraud Sentencing Compensation Order

Case Brief

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Parties

Fitzsimmons

Accused

Committee of Employment and Social Security

Victim

Crown Advocate

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the accused committed deliberate fraud upon the Social Security fund
  2. 2 Appropriate sentence for the offences committed
  3. 3 Entitlement to compensation order

Ratio Decidendi

The accused committed deliberate fraud upon the Social Security fund, justifying a custodial sentence and a compensation order as no mitigating factors warranted departure from the Crown Advocate's conclusions.

Court Disposition

convicted and sentenced

Orders

  • 9 months imprisonment on count 1
  • 3 months imprisonment each on counts 2, 3, 4, and 6, all concurrent