AG -v- Gouveia and Gouveia [2009] JRC 189 (02 October 2009)

AG -v- Gouveia and Gouveia [2009] JRC 189 (02 October 2009)

Retaining funds known to be paid in error constitutes dishonesty and warrants a custodial sentence, but exceptional mitigation justifies suspension of the sentence.

Citation
[2009] JRC 189
Parties
Defendant: Mrs Gouveia; Defendant: Mr Gouveia; Complainant: Social Security
Jurisdiction
Jersey
Judgment Date
02 October 2009
Procedural Posture
Criminal / Sentencing
Outcome
suspended custodial sentence
Legal Topics
Dishonest Retention of Wrongful Credit, Mitigation, Suspended Sentence
Criminal Law Dishonest Retention of Wrongful Credit Mitigation Suspended Sentence

Case Brief

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Parties

Mrs Gouveia

Defendant

Mr Gouveia

Defendant

Social Security

Complainant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether retaining money known to be paid in error constitutes dishonesty
  2. 2 Appropriate sentence for dishonest retention of funds

Ratio Decidendi

Retaining funds known to be paid in error constitutes dishonesty and warrants a custodial sentence, but exceptional mitigation justifies suspension of the sentence.

Court Disposition

suspended custodial sentence

Orders

  • Each defendant sentenced to 18 months' imprisonment suspended for 2 years.