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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70216
Experience:  Over 5 years in practice
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Under the Theft breach of trust: Type £2000 - £20,000 or less

Customer Question

Under the Theft breach of trust:
Type £2000 - £20,000 or less than £2,000 High Degree Trust
Starting Point 18 weeks
Range Community Order - 12 months
What does Starting Point and Range mean
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 2 years ago.

Hi

I've been accused of stealing £600 from an account through a cash machine. I'm in what would be classified as a high degree of trust (a carer). I have pleaded not guilty, have no previous convictions, and I am 39yo.

Expert:  Jo C. replied 2 years ago.
Ok.
Is this a large sum of money for the loser?
Customer: replied 2 years ago.

I would have to say no from my personal view

Expert:  Jo C. replied 2 years ago.
Ok.
It is obviously the breach of trust and the vulnerability of the victim that will rack this up into this sentencing bracket.
Sentencing brackets are just guidelines that Parliament gives to Judges.
The starting point is usually somewhere in the middle of the bracket. Then the Judge looks at mitigation and aggravation. At least that is what should be happening. I rather suspect that some Judges just ignore them.
If the starting point is a 18 weeks then you would get one third off for your guilty plea. The Judge would consider the absence of previous convictions but the fact of his vulnerability would increase the sentence.
You would only serve half of any time spent in custody and then be released on remand.
In truth, the sentence would be so very low that probably a suspended sentence and community order would be preferred as it would be operative for longer.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Obviously I am going to plea not guilty, but would that have any affect on "half of any time spent in custody" then being released on demand?

Stuart

Expert:  Jo C. replied 2 years ago.
No.
But it would mean you didn't get time off for a guilty plea.
Jo C. and 3 other Law Specialists are ready to help you
Customer: replied 2 years ago.

What is the process usually involved in being released on remand?

Expert:  Jo C. replied 2 years ago.
I don't think they would remand you. It just doesn't really happen with this type of offending. There isn't really a justification unless you have links with any other jurisdiction.
Customer: replied 2 years ago.

Thank you very much

You have been very helpful.

Stuart

Expert:  Jo C. replied 2 years ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/