THE BAILIFF: It gives the Court no pleasure to have to send to prison a man of good character who has not been before the Courts before but as the Court said in the case of AG v Harris, (27 March 1997), Jersey Unreported:
"A fraud upon the Social Security fund is a fraud upon every contributor to the fund and in effect a fraud upon the community."
Payne, you were given a chance on the previous occasion when you were discovered in breach of the law and unusually were given the indulgence of being allowed to repay the money, which you had obtained by fraud from the Social Security Fund. Unfortunately the offences committed on a second occasion cannot be met with same indulgence. We note all the matters which your Counsel has brought to our attention in mitigation but we think they have all been taken into account by the Crown Advocate in his conclusions. The conclusions are accordingly granted and you will be sentenced on each of the counts to one month’s imprisonment, all sentences to run consecutively making a total of 8 months imprisonment. You will also be ordered to pay compensation in the sum of £3,657.47. The compensation will be paid at the rate of £50 per week. The first payment to be made within two months of your release from custody. In default of payment of the compensation there will be one month’s imprisonment consecutive.
Authorities
AG -v- Laverick (11 January 1999) Jersey Unreported [1999.004] .
AG -v- Harris (27 March 1997) Jersey Unreported.
Social Security (Jersey) Law 1974: A.36.
Whelan: Aspects of Sentencing in the Superior Court of Jersey: pp. 54-55.