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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70187
Experience:  Over 5 years in practice
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my son has committed fraud of 30 thousand cps have agreed

Resolved Question:

my son has committed fraud of 30 thousand cps have agreed to take this to court .there is an additional charge of theft ,this was committed against his 89 yr old granddad.as he dosnt speak to me or the rest of his family ,my father an I were wondering what kind of sentence he will be given ?is it likely to be custodial .I know an approximate answer
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

Does he have any previous convictions please?
Customer: replied 3 years ago.

I don't think he has .maybe driving fines ?

Expert:  Jo C. replied 3 years ago.
How was the fraud committed please?
Customer: replied 3 years ago.

with his granddads card ,he was suppost to be using it to get shopping and at no time did my dad give him permission to take cash


 

Expert:  Jo C. replied 3 years ago.
Does that account for all £30k? That seems a large sum to keep in a current account.
Customer: replied 3 years ago.

he also moved money from my fathers saving accounts having got access to this by setting up a on line system without our knowledge!


 

Expert:  Jo C. replied 3 years ago.
Thank you.

This is a theft of over £20,000. It's also aggravated by high degree of trust placed in him by a person who might be described as vulnerable. Whichever way you look at this the court is not going to like that very much.

The guidelines say that the starting point of two years and a range of 12 months to 3 years is appropriate. Those guidelines cover a very large range of sums though and £35,000 is at the lower end. However, given the aggravation I think probably the court would be looking up rather than down.

I would expect a starting point of two years reduced by one third to reflect any guilty pleas and release at the halfway point would probably mean that he would actually serve about eight months to a year.

There is an outside chance of a suspended sentence given that it is his first defence but it's not a strong chance.

Can I clarify anything for you?

Jo
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