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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69361
Experience:  Over 5 years in practice
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what is the likely sentence for a first time offender over

Customer Question

what is the likely sentence for a first time offender over 18 that stole £110,000 (this amount is in dispute) from his employer over a 4 year period, he has pleaded guilty. He used the money to pay his mortgage. His wife left him 4 years ago but still to this day manages the joint account he places £1,200 into to pay the home bills. His ex wife has not contributed to the bills over the last 4 years since she left the marital home.
His new partner is 7 months pregnant and at weekends he assists his severely disabled mother (she has MS)
He can sell his property to repay a substantial amount of the money. The property has just been valued and there is approximately £65,000 equity. Would his ex wife be entitled to half the equity
Many thanks
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi

I can help you with the criminal side of this but I wouldn't know anything about the family side.

It seems to me that would be a proceeds of crime issue in the house anyway.

Or I can pass you onto a family lawyer who probably won't be able to help with the criminal side?

Its not likely that the same expert would know both as they are different areas.
Customer: replied 3 years ago.

FOR JOMO1972


just answer the criminal side then please

Expert:  Jo C. replied 3 years ago.
OK.

Whats his position in the company?

What does he employer do? What type of work is it?

How did he perform these thefts?
Customer: replied 3 years ago.

FOR JOMO1972


He was a sales assistant


Employer was a garden centre - he was general assistant


We think cash from the till

Expert:  Jo C. replied 3 years ago.
OK

I'm afraid I cannot give you any good news. This is theft from employer which is a hugely aggravated version of theft because of the breach of trust.

If this remains at £110, 000 then its likely to fall just within the penultimate sentencing bracket. The starting point is 2 years custody and the range is 12 months to 3 years.

I'm afraid this is an amount at the very highest point of the sentencing bracket so i would brace yourself for the higher sentences. There are multiple transactions if this was over a 4 year period. Also, there was a large breach of trust.

On a positive side, his employer is not vulnerable and probably there wasn't a high level of sophistication really.

Realistically the court is going to be looking at 2-3 years. If he pleads guilty immediately then he would get one third off his sentence.

Also, I imagine he has no relevant previous so there is no aggravation in that.

On your other point, i am not a family lawyer so won't be able to help with the division of the property. It seems likely that she is entitled to something but thats really not my area. What I can tell you though is that probably the Crown will bring a proceeds of crime act prosecution for the house anyway because the tainted money was used to pay it.

I'm very sorry to be the bearer of bad news but thats your position unless, of course, the crown accept that the amounts were much lower.

Customer: replied 3 years ago.

FOR JOMO1972


Thank you

Expert:  Jo C. replied 3 years ago.
No problem.

Please remember to rate my answer.

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