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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69367
Experience:  Over 5 years in practice
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My son stole my car last week . He was 18 yesterday . The car

Customer Question

My son stole my car last week . He was 18 yesterday . The car is a aright of I heard today .
Iam the victim as I reported the car missing on 10/08/2015 at 10 pm , and didn't know it was him at the time . His charges are aggravated vehicle taking and 2 more / no licence / no insurance . Court is Wimbledon youth magistrates on 26 August . I'm a single mum and very upset by all . What do you think he will get ??
Darcy
Very distraught mum .
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What is the aggravation please?
I presume he has no previous?
Customer: replied 1 year ago.
Aggravated vehicle taking.
Section 12a of theft act
Expert:  Jo C. replied 1 year ago.
Yes, I understand the offence.
What was the aggravation here? Was there an accident?
Customer: replied 1 year ago.
I'm told today my car is a right of ... Today . When it was recovered damage of less than 5000k was caused to the vehicle there were no other additional aggravated factors .
Reading the charge , word for word
Expert:  Jo C. replied 1 year ago.
Does he have previous?
Customer: replied 1 year ago.
Nope . He was 17 at time .
Expert:  Jo C. replied 1 year ago.
Did he have keys?
Customer: replied 1 year ago.
He took them from our house . I was asleep .
Expert:  Jo C. replied 1 year ago.
Ok.
If you give me 15 mins I will type up an answer for you.
Expert:  Jo C. replied 1 year ago.
It is very difficult to predict this type of sentence without having vision of the entire case.
However, I think they will probably say that it falls into the lowest sentencing bracket basically because it is a case of exceeding the authorised use of a vehicle rather than taking one from a complete stranger.
The nature of the aggravation is usually decisive in these sorts of cases as there are so many ways this offence can be committed.
However, on a first offence with a guilty plea an adult would be facing a medium level community order.
If he is 17 and does not turn 18 during the course of this matter then he will be treated as a youth unless he is charged jointly with adults. That will mean that, generally speaking, the sentences are much softer. On a first offence he would just a referral order normally as the only two options are either a referral order or custody and they are not going to give him custody on a first offence.
The Court might look at a parenting order although not usually on a first offence.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
As I said he was 18 19 / 08 /15 .
Yesterday . The offence was 10/ 08 /15 .he was 17 . This is part of my enquiry ???
Parenting ???? Surely he is not my responsibility now he s 18 . ..?
Expert:  Jo C. replied 1 year ago.
They won't make a parenting order if he is 18 now although I really seriously wouldn't tell anybody at all that you don't consider him your responsibility. He is still a young man and he is your son and that will be the view of the court.
If he is 18 now then even if he was 17 at the time of the offence he is too old for a referral order and most other youth disposals.
That might lead to an adjournment and a sending to the Magistrates Court as he is just plain no longer a youth.

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