The judge said this form of theft was serious and the amount was serious. He said he was not sure what Oshodin would have been entitled to if he had been candid, noting probably the children’s allowance would have been paid to him.
He took into account in mitigation his guilty pleas, co-operation, admissions and lack of prior convictions. He said Oshodin was unlikely to re-offend.
Judge Nolan said there was evidence before the court that Oshodin was the sole carer for three young children.
He said most cases of this kind would result in a custodial term but the only thing staying his hand was the effect that would have on the three children.
The judge said the court was loathe to deprive children of their sole guardian, but in the case of serious enough offending this would occur. He said it seemed in this case it was a matter he could take into consideration and it tipped the scales into a non-custodial sentence.
He imposed a four year sentence which he suspended in full. He noted Oshodin was paying back small amounts every week and told him but only for his child care he would be going to prison.
Detective Garda Jason Weir told Tessa White, BL, prosecuting, that in February 2023, gardai met with an inspector from the Department of Social Protection. Oshodin had approached the Department of Social Welfare and confessed to his offence.
Gardai were informed that Oshodin had used another name when he came to Ireland in 2001 and claimed that he was from Zimbabwe. Over the course of the offending, Oshodin claimed €145,734 in total, which included jobseeker’s benefit, child allowance, household allowance and clothing allowance payments.
The court heard that Oshodin met gardai by appointment and made a full admission. He said he came to Ireland in 2001. He told gardai that he heard in 2001 that Nigerians were being deported from Ireland.
Judge Nolan asked Det Gda Weir if, in 2001, the defendant had used his own name, would he have received these benefits? Det Gda Weir stated that he had asked the DSP, but they replied that each case is dealt with individually and were unable to provide a definite answer.
Judge Nolan also asked the gardai what made this man come forward and tell the truth, and he said Oshodin wanted to be honest with his children; he wanted them to know where they came from, in case anything ever happened to him.
Det Gda Weir agreed with Simon Matthews, BL, defending, that his client explained that he arrived in Ireland and went from Limerick to Killarney and that the Taoiseach at the time was deporting many people from Nigeria.
The garda agreed with counsel that Oshodin used the same alias surname for his children, for whom he has sole custody.
The court heard €32,000 worth of child benefit is now outstanding to the State and €100 has now been taken from his benefit in order to pay the State back.
Mr Matthews said Oshodin is now receiving benefits in his own correct name and is on disability. He further highlighted that Oshodin has a significant amount of guilt for his offence, and that he carried it out for the right reason and not for a “nefarious” one.
Counsel said there is a very serious litany of charges before his client. He is aware of the position that he finds himself in now and the position of his family.
He said the Department of Social Protection are still making child benefit payments to Oshodin. He outlined that his client has integrated fully into his community.
He asked the court to take into account that his client is a good father and is paying the money back.
Source: Irish Mirror
