AG -v- Cocks [2014] JRC 142A (14 July 2014)

AG -v- Cocks [2014] JRC 142A (14 July 2014)

Deliberate and prolonged dishonest conduct in obtaining income support payments warrants a custodial sentence and compensation order; defendant's lack of cooperation justifies indemnity costs order.

Citation
[2014] JRC 142A
Parties
Defendant: Mr Cocks; Prosecution: Crown; Amicus: Advocate Harrison
Jurisdiction
Jersey
Judgment Date
14 July 2014
Procedural Posture
Criminal / Sentencing
Outcome
convicted
Legal Topics
Fraud, Income Support, Compensation Orders, Costs in Criminal Cases
Criminal Law Social Security Law Fraud Income Support Compensation Orders Costs in Criminal Cases

Case Brief

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Parties

Mr Cocks

Defendant

Crown

Prosecution

Advocate Harrison

Amicus

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the defendant committed fraud by dishonestly obtaining income support payments
  2. 2 Appropriate sentence for prolonged dishonest conduct
  3. 3 Entitlement and quantum of compensation order

Ratio Decidendi

Deliberate and prolonged dishonest conduct in obtaining income support payments warrants a custodial sentence and compensation order; defendant's lack of cooperation justifies indemnity costs order.

Court Disposition

convicted

Orders

  • 4 years' imprisonment to run concurrently on each count
  • Compensation Order in favour of Social Security Department for £51,601.94