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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70412
Experience:  Over 5 years in practice
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Hiya my bf has been convicted of fraud..about 8 different

Customer Question

Hiya my bf has been convicted of fraud..about 8 different charges...he has been sentenced to 26 months all together as the judge ran it consecutive for each...he has a eligible tag date for next month which was looking good but this week he has had another charge come forth...is my partner still eligible for the hdc or will he not be now? Also if he is convicted which he probably will be will it run concurrent as he's already served 9 months or consecutive like before...I really need him home I have a 3 month old and a 5 year old autistic son who miss their daddy.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

They are actually bringing a fresh prosecution?

Customer: replied 1 year ago.
I'm pretty sure yes..he had legal visit today and charged with this new crime but it's the same as the ones he's been convicted for just done on another date it's credit card fraud
Expert:  Jo C. replied 1 year ago.

In that case, there is no realistic prospect of hdc while he is on remand for another offence.

However, he would be released at the half way point unless he is convicted of this other matter and given a consecutive sentence.

Expert:  Jo C. replied 1 year ago.

It is a bit like being gate arrested really.

A rather unpleasant experience but nothing that the Crown are prevented from doing by law.

Expert:  Jo C. replied 1 year ago.

whether or not it would be a concurrent sentence if he pleaded is another matter. It would have to be marked in some way but the Judge would have to bear in mind the totality of his sentence and if this incident took place at the same time as his other offending then that would be helpful.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
He's not on remand he's already been convicted for the other offences
Customer: replied 1 year ago.
If he gets sentenced for this next one is there any chance he will get another hdc eligible date?
Customer: replied 1 year ago.
it was all done around the same time definitely
Expert:  Jo C. replied 1 year ago.

No, but he must be on remand for the new offence. If he is not then he should be as there is no sense in him not serving for it.

Customer: replied 1 year ago.
ur saying they will remand him for the new offence even though he's already serving time
Expert:  Jo C. replied 1 year ago.

No, he can be on bail if he likes. Since he cannot leave prison though that would be pointless as it would just mean he isn't serving on the new offence.

Customer: replied 1 year ago.
I understand but is there any chance atall they may run the new charge concurrent with what he's already serving?
Expert:  Jo C. replied 1 year ago.

Yes, there is but you could ask the Judge to reduce the sentence to reflect totality of his sentence.

Customer: replied 1 year ago.
When he is sentenced for this new one when will we find out his release date
Customer: replied 1 year ago.
u definitely think he won't be given the chance for hdc after being sentenced again?
Expert:  Jo C. replied 1 year ago.

At the time of sentence.

He may still be a candidate for HDC but obviously it will run from the date of the new sentence not the old.

Customer: replied 1 year ago.
Ok atleast that's something then. Just have to hope that none other come up again so beat case sinario he gets sentenced and it runs concurrent and he is given a new hdc date..worst case it is run consecutive and he isn't eligible for hdc this time
Expert:  Jo C. replied 1 year ago.

It will probably be run concurrently from the date of sentence but that would obviously give rise to some overlap.

Customer: replied 1 year ago.
Ok thankyou for your help
Expert:  Jo C. replied 1 year ago.

No problem.

All the best.