Thursday, April 2, 2015

Mum jailed for falsely claiming over £68,000 in benefits regains her freedom after 'slip rule' hearing


A mum who was jailed after falsely claiming more than £68,000 in benefits has regained her freedom following a change to her sentence.


Angelina Brown, 38, from Vulcan Way, Thornaby, had been jailed for 15 months by Judge Howard Crowson on Friday after a jury found her guilty of three charges relating to benefit fraud at a trial at Teesside Crown Court.


But at a short hearing in front of the same judge earlier this week, Brown regained her freedom when her sentence was suspended for 12 months.


The second sentencing hearing was listed under the term “slip rule” - under which the Crown Court has the power to alter a sentence or other order made by the Crown Court within 56 days of the date on which it was made.


One of the reasons given for altering the sentence was that Brown’s 19-year-old son had been forced to return from university to look after his siblings.


Brown had previously been jailed for 15 months after a jury found she had deliberately failed to notify the Department of Work and Pensions that she was living with her partner - a change in circumstances that meant she was no longer entitled to the benefits she was claiming.


She was found guilty on one count of failing to notify a change of circumstances and two counts of making dishonest representations for obtaining benefits.


In total, Brown had fraudulently obtained £68,213 in benefit payments between February 2003 and October 2010, the court heard.


Defending Brown at a sentencing hearing at Teesside Crown Court on Friday March 27, Adrian Dent said a prison sentence would make it difficult for the single mother to find care for her children.


“She knows that this must be visited by a custodial sentence,” said Mr Dent before requesting that the judge consider a suspended sentence, “That would allow the children to have a stable upbringing.”


Mr Dent added: “One of her three sons is 13 and has hearing impairment.


“Looking after a brood like this is extremely difficult.


“In addition, she is of course subject to deductions to her benefits.”


But Judge Crowson was not convinced by the mitigation and noted that by Mr Dent’s standards, “any mother with children and on benefits couldn’t go to prison.”


He added: “I might be more sympathetic if she hadn’t managed before to drop everything at short notice and go on holiday to Tunisia.


“The amount was £68,213 over a period of seven years.


“It’s going to take a long time to settle that. There is little or no possibility it will ever be recovered.


“I’m going to pass the right sentence for what she did.”


Sentencing Brown to 15 months in prison, the judge rejected Mr Dent’s request to suspend the sentence explaining that to do so would send out the message that single mothers could cheat the benefits system with no fear of going to prison.


However at the hearing on Tuesday, Judge Crowson suspended the 15 month sentence for 12 months with six months supervision.



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