AG -v- Morin [2010] JRC 217D (03 December 2010)

AG -v- Morin [2010] JRC 217D (03 December 2010)

Despite the seriousness of the fraud, the defendant's exceptional mitigation, including disability, remorse, guilty plea, and voluntary repayment, justified a sentence of community service rather than imprisonment.

Citation
[2010] JRC 217D
Parties
Defendant: Mr Morin; Victim: Social Security Department
Jurisdiction
Jersey
Judgment Date
03 December 2010
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Fraud, Social Security Fraud, Sentencing
Criminal Law Fraud Social Security Fraud Sentencing

Case Brief

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Parties

Mr Morin

Defendant

Social Security Department

Victim

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the defendant committed fraud by failing to declare income while receiving social security benefits
  2. 2 Appropriate sentence for social security fraud given mitigating circumstances

Ratio Decidendi

Despite the seriousness of the fraud, the defendant's exceptional mitigation, including disability, remorse, guilty plea, and voluntary repayment, justified a sentence of community service rather than imprisonment.

Court Disposition

convicted and sentenced

Orders

  • 120 hours' community service
  • Compensation order for balance due, amount to be agreed, to be paid within 5 years with liberty to apply