The Attorney General v Teresa De Jesus De Andrade Goncalves

JurisdictionJersey
CourtRoyal Court
JudgeBailiff
Judgment Date22 April 2022
Neutral Citation[2022] JRC 97
The Attorney General
and
Teresa De Jesus De Andrade Goncalves

[2022] JRC 97

Before:

R. J. MacRae, Esq., Deputy Bailiff, and Jurats Ronge and Averty

ROYAL COURT

(Samedi)

Inferior Number Sentencing — providing false information

Sentencing by the Inferior Number of the Royal Court, following a guilty plea to the following charge:

1 count of: Knowingly made false statements for the purpose of obtaining a benefit, contrary to Article 36(3)(a) of the Social Security (Jersey) Law 1974 (Count 1).

Age : 61.

Plea: Guilty.

Details of Offence:

The Defendant's benefit claim commenced properly on 11 th September 2003 following the death of her husband on 7 th September 2003. The application form contained a declaration that the applicant must contact the department if any person lived in or contributed to the household.

On 19 th February 2013 the Defendant provided a signed declaration that she had not co-habited at any time whilst receiving Survivor's Pension and that she understood that the department must be informed if this should change. She signed further declarations to the same effect on 23 rd February 2015 and 25 th March 2019.

In reality, the Defendant had been living with her partner since at least 17 th May 2004. In total she received £117,311.99 in benefits to which she was not entitled from that date until 19 th June 2019. During the period in which the Defendant made the false statements (February 2013 to March 2019), she fraudulently obtained £52,380.33.

Details of Mitigation:

Guilty plea, previous good character, low risk of re-conviction, genuine remorse, and delay. The Court noted that as the plea was not entered on first appearance in the Magistrate's Court, full credit was not given for the plea.

Previous Convictions:

None.

Conclusions :

Count 1: 2 years and 6 months' imprisonment.

An instalment agreement was signed by the Defendant on 28 th June 2019; therefore, no compensation order was sought.

Sentence and Observations of Court:

Count 1: 2 years' imprisonment suspended for 2 years.

Authorities

AG v Galluzzi [2021] JRC 265.

AG v Browne [2018] JRC 070.

AG v Good and Moody [2015] JRC 027.

AG v Such [2012] JRC 155.

Camacho v AG [2007] JLR 462.

C. R. Baglin Esq., Crown Advocate.

Advocate R. S. Tremoceiro for the Defendant.

Bailiff

THE DEPUTY

1

Teresa Goncalves you are 61 years old, and you fall to be sentenced for providing false information to a Government Department resulting in you receiving a Survivor's Benefit following the death of your husband in 2003. You have no previous convictions.

2

Survivor's Benefit is paid to a claimant whose spouse or civil partner has died and is made up of a Survivor's Allowance payable for a year and thereafter a Survivor's Pension. However, it is not to be paid where the claimant is in a relationship with a person that is like marriage or civil partnership. In those circumstances the claimant ceases to be eligible for the benefit.

3

Your husband died on 7 th September 2003, and your claims commenced legitimately on 11 th September 2003. You signed a claim form which contained a declaration to the effect that you knew you had to contact the Department if you began to cohabit. In February 2013, in response to a letter from the Department asking if there had been a change in your circumstances and specifically if you had been cohabiting, you signed a declaration that you had not cohabited at any time whilst receiving the benefit and that you understood that you should tell the Department if this should change. You provided a similar declaration in February 2015 to the effect that you had not cohabited at any time whilst receiving the Survivor's Pension. Further confirmation was given by you in March 2019. In fact you had been living with your partner Mr De Abreu since May 2004 and have received over £117,000 from that date.

4

When officers from the Department visited your home in June 2019 Mr De Abreu arrived and let them inside. He had a set of keys and there were photographs of you and him and a card addressed to his “ lovely wife”, that is to say you. He confirmed that you lived together at your home. In interview in June 2019 you confirmed that you...

To continue reading

Request your trial
5 cases
  • The Attorney General v Samuel Shea Davies
    • Jersey
    • Royal Court
    • 6 May 2022
    ...AG v Hagin [2020] JRC 176. AG v Hagin [2020] JRC 157. AG v Palmer [2017] JRC 079. AG v Umurzokov and Ors [2022] JRC 101. AG v Goncalves [2022] JRC 097. Hagin v AG [2020] JCA 247. AG v Fish and Hinds [2016] JRC 181A. AG v Goodwin [2016] JRC 165. AG v Bhojwani [2010] JRC 116. S. C. Brown Esq.......
  • The Attorney General v James Andrew Harris
    • Jersey
    • Royal Court
    • 7 July 2022
    ...JRC 165. AG v Herd [2021] JRC 223. AG v Le Jehan [2022] JRC 045. AG v Harris [2005] JRC 094. AG v Harris [2008] JRC 027. AG v Goncalves [2022] JRC 097. R v Greenwood [1995] 16 Cr.App.R. (s) 614. Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the I......
  • The Attorney General v Shaun Michael Weller
    • Jersey
    • Royal Court
    • 24 June 2022
    ...Authorities Whelan on Aspects of Sentencing (3 rd Edition). AG v Picot 1990/074. R v Barrick (1985) 7 Cr. App. R. (S) 142. AG v Goncalves [2022] JRC 097 AG v Oeillet and Hampton [2014] JRC 142C. AG v Lomas [2014] JRC 142B AG v Byrne [2011] JRC 060 R v Cairns [2013] 2 Cr. App. R. (S.) 73 Sen......
  • The Attorney General v David Vallois
    • Jersey
    • Royal Court
    • 15 September 2022
    ...JLR 136. Rimmer v AG [2001] JLR 373. AG v Cornick [2022] JRC 079. AG v Ferguson, Morgan and Saunders [2022] JRC 102. AG v Goncalves [2022] JRC 097. S. Crowder Esq., Crown Advocate. Advocate O. A. Blakeley for the Defendant. Bailiff THE DEPUTY 1 David Vallois you are 47 years old and have pl......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT