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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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fired as caught steeling 25,000 pounds worth of equipment from

Customer Question

fired as caught steeling 25,000 pounds worth of equipment from company to fund drug habbit have seeked help for habbit and offered to pay back every penny after getting new job company have give me dead line untill 31/12/12 to pay back in full befor reporting me to police unable to gain amount required in short time advcise please
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi

What would you like to know?
Customer: replied 3 years ago.


what the out come would be if company went to police

Expert:  Jo C. replied 3 years ago.
Obviously you have to take into account that I haven't had full vision of this case. There are aggravating and mitigating factors of which I will probably be unaware. However, I can tell you that if this is of theft of £25,000 worth of goods from your employer then you will be lucky to escape custody.

This is a theft in breach of trust and that hugely aggravates the offence. I'm afraid that if they can prove the theft of £25,000 worth of goods then this will fall into a sentencing bracket where the starting point is 2 years custody and the range is 12 months to 3 years.

If you were to plead guilty then you would get full credit of one third for a guilty plea if you plead on the 1st occasion. Also you are right at the bottom of the sentencing bracket and so I would not expect the court to start at 2 years.

If you are able to make repayments then that will be helpful.

Obviously the vulnerability of your employer and the number of incidents will be an aggravating factor nevertheless.

Unfortunately though this is likely to be a sentence in excess of 12 months and so the court would not automatically be under an obligation to consider a suspended sentence. They may still impose a suspended sentence but they would not have to do so.

The truth is that you really want to be doing everything you can to avoid this being reported.

I'm very sorry but I can only tell you truthfully what the sentencing guidelines say.

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