1998/218 - AG v Godwin [1998] UR 218 (30 October 1998)

1998/218 - AG v Godwin [1998] UR 218 (30 October 1998)

Mrs Godwin knowingly failed to declare her cohabitation, resulting in fraudulent receipt of benefits; although the seriousness of the offence would normally require a prison sentence, her personal circumstances justified a sentence of probation instead of imprisonment or community service.

Citation
[1998] UR 218
Parties
Defendant: Mrs Godwin; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
30 October 1998
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced to probation
Legal Topics
Benefit Fraud, Sentencing, Probation
Criminal Law Social Security Law Benefit Fraud Sentencing Probation

Case Brief

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Parties

Mrs Godwin

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether Mrs Godwin committed benefit fraud by failing to declare cohabitation and her partner's income
  2. 2 Appropriate sentence for benefit fraud under the circumstances

Ratio Decidendi

Mrs Godwin knowingly failed to declare her cohabitation, resulting in fraudulent receipt of benefits; although the seriousness of the offence would normally require a prison sentence, her personal circumstances justified a sentence of probation instead of imprisonment or community service.

Court Disposition

convicted and sentenced to probation

Orders

  • Mrs Godwin sentenced to 3 years probation