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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70505
Experience:  Over 5 years in practice
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Hi Ive been been informed that the cps intends to prosecute

Resolved Question:

Hi I've been been informed that the cps intends to prosecute me for fraud by abuse of position and misrepresentation and the sum involved is approximately twenty five thousand pounds. I was legal controler for my mother who has dementia. I am the sole beneficiary of her will and I have absolutely no previous criminal record. Am I likely to be facing a jail sentence?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Jo C. :

Hi. Thank you for your question. My name is XXXXX XXXXX I will try to help with this. Are you guilty of the offence?

Customer:

I am yes unfortunately

Jo C. :

Ok. Will she give evidence against you?

Customer:

No with her dementia that will be impossible and she never would if she was able. It was picked up by the office of care and protect ion.

Jo C. :

Can you repay it ?

Jo C. :

Will that deter them?

Customer:

I t would nt have that sort of money and would have inherited it some day anyway. What atr the likely penalties for this kind of offence

Jo C. :

Its not particularly good news.

Jo C. :

This is likely to be considered a confidence fraud essentially.

Jo C. :

It falls into the penultimate sentencing bracket although it is at the very lowest end in terms of the amounts.

Jo C. :

The starting point is 3 years custody and the range is 2-5.

Jo C. :

It is a fairly low sum of money within the sentencing bracket but the aggravation is that there was a large amount of trust imposed in you and the victim is vulnerable.

Jo C. :

Realistically its going to be custody I'm afraid. The only question is how long.

Jo C. :

Courts will try to suspend custodial sentences where possible but thats not likely here Im afraid.

Customer:

Its ok I need to know what to expect. What s penultimate sentencing bracket

Jo C. :

Just the second from the lowest bracket concerning frauds involving between £20 to £100k

Customer:

Even with no criminal record?

Jo C. :

Yes.

Jo C. :

Criminal records are rare for this type of offence because, by definition, a person with a large amount of trust imposed in them tends to be of good character.

Customer:

Ok well thanks for your help

Jo C. :

No problem.

Jo C. :

It might be worth offering to repay this in order to avoid a report.

Jo C. :

I know that is onerous but they might prefer the money back to making a report.

Customer:

It's certainly worth a try anything is now

Jo C. :

Yes, I agree.

Jo C. :

And lots of these things are not reported.

Customer:

If this is rare they're likely to be even harsh er

Jo C. :

Well, these abuse of trust offences do happen.

Jo C. :

I mean they are rare because crime is really quite rare in the UK.

Jo C. :

Despite what you read in the papers most people are fairly law abiding and most crime is small in amounts and opportunitistic.

Jo C. :

But it does happen and it certainly won't be the first the courts have seen.

Customer:

Yes I am so remorseful. My solicitor once said I may have a chance of a suspended sentence but maybe he just was trying to not worry me too early

Jo C. :

Or maybe there is more to this case. Like the amounts they can prove are lower etc.

Jo C. :

If the sentence falls under a year then it probably will be suspended.

Jo C. :

Obviously I haven't had full vision of this case and it is likely that they cannot prove most of what has taken place.

Customer:

True and I haven't admitted to anything yet

Jo C. :

No, and its not a good idea to do that.

Jo C. :

Frauds are very heavily paper based generally. There is a paper trail with most transactions these days but whether the police have resources to investigate it is another matter. They are too busy mediating domestic squabbles to do any real investigative work usually.

Customer:

that is really good to know cause I get the feeling they want me to admit to something ive been no comment the whole way through up to now

Customer:

They ve been investigate ing it for over a year no w

Jo C. :

Oh yes, they will want you to admit to it. It does the job for them.

Jo C. :

Just carry on with no comments and wait to see what they can prove.

Customer:

I will but if the cps has now decided to prosecute does it not now automatically go to court where tjpugh I could plead not guilty would have to answers questions

Jo C. :

Yes, you can plead not guilty and put them to proof but that is a risk management exercise to be assessed by your legal team.

Jo C. :

But probably they can't prove all of what they allege

Customer:

That s brilliant that s all I needed for now

Customer:

I'll leave u good feedback

Jo C. :


No problem and all the best.



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Customer:

Thanks very much!

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