This Court was referred to the case of Livingstone Stewart & Ors (1987) 9 Cr.App.R.(S) 135 and it may be of use to set out what the English Court of Appeal said in that case at p.139:
"Other considerations which may affect the decision of the Court are:
(i)a guilty plea;
(ii)the amount involved and the length of time over which the defalcations were persisted in (bearing in mind that a large total may in fact represent a very small amount weekly);
(iii)the circumstances in which the offence began (eg. there is a plain difference between a legitimate claim which becomes false owing to a change of situation and on the other hand a claim which is false from the very beginning);
(iv)the use to which the money is put (the provision of household necessities is more venial then spending the money on unnecessary luxury);
(v)previous character;
(vi)matters special to the offender, such as illness, disability, family difficulties, etc.
(vii)any voluntary repayment of the amounts overpaid."
Laverick has no previous criminal offences serious enough to weigh against him and we note that he acted heroically in 1997 in a burning flat, seeking to save an elderly lady.
Despite all this, the use to which he put most of the money and the references supplied, this Court does feel that this was a deliberate and serious fraud. We consider that the Solicitor General is quite right in her conclusions but we will look at the totality principle and therefore we are going to sentence you to nine months rather than eleven months as asked for. On the first two counts, you are sentenced to 9 months imprisonment concurrent; on counts three and four, you are sentenced to 1 month imprisonment concurrent, making a total of 9 months imprisonment. We order the forfeiture and destruction of the drugs. The compensation order in the sum of £50 per week will be suspended whilst the accused is serving his prison sentence and the accused will serve 2 weeks imprisonment in default of payment.
Authorities
Livingstone Stewart & Ors. (1987) 9 Cr.App.R.(S) 135
AG -v- Harris (27 March 1997) Jersey Unreported