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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69520
Experience:  Over 5 years in practice
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I have been charged and pleaded guilty on the

Resolved Question:

Hi,
I have been charged for fraud and pleaded guilty on the plea and management hearing.
I defrauded my previous employer of £23k worth of commission by setting up false trades.
I have agreed to pay back the commission in full as soon as I get the bank details.
My barrister requested a pre sentence report but the judge refused this.
I am currently working, my new employer is aware of this case and it genuinely out of character. I am not in a desperate need of money or anything it was just a case of me trying to show off.
My employer is willing to give a character statement along with my family and friends of course.
I would like to know the likely outcome in this case?
What does it mean if the judge does not want to give me a pre sentence report?
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.
Do you have any previous?
Customer: replied 1 year ago.
Hi Jo,
No I have some speeding tickets and accounting offence(nothing major, just a fine) abroad.
Expert:  Jo C. replied 1 year ago.
If the Judge doesn't want a PSR then why has it been adjourned?
Customer: replied 1 year ago.
The judge's position is that this is not a community order case. It is a custody case said that there is no point having a probation officer assess whether I am suitable for community service.I'm young(32), healthy and currently in work so the Judge knows that I do community service.
He ordered the Crown to serve an opening note and sentencing guidelines note, A response to opening note for the defence and a sentencing guideline note. Get the commission paid back and get other mitigation material ready.
Expert:  Jo C. replied 1 year ago.
Ok. It has been adjourned for the Crown to put their house in order then.
I'm afraid that the Judge is right though. A fraud of £23k in circumstances of breach of trust can have only one outcome really unless a court literally takes leave of it's senses. That does happen sometimes but not often and if this Judge has reserved it to himself then it isn't likely.
I'm afraid the likely outcome is a short custodial sentence. You might be lucky and get a suspended sentence. That is a possibility on a first offence.
It is always very helpful to pay back as much as possible.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Ok, How long is a short sentence?
I am paying back everything in full.
Expert:  Jo C. replied 1 year ago.
It depends on the aggravating and mitigating factors of the offence which are impossible to assess in this forum.
However, it is probably higher culpability but lower impact and the starting point is either category four or three.
If so it would range from 26 weeks to 4 years.
If you can keep it in category four it is your best hope of avoiding custody.
Jo C., Barrister
Category: Law
Satisfied Customers: 69520
Experience: Over 5 years in practice
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