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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71031
Experience:  Over 5 years in practice
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A friend has been convicted on having with a minor and

Customer Question

A friend has been convicted on having sex with a minor and grooming. Plea was not guilty. The judge heard the child lied about his age but his age was actually 14 and he had saidhewas18. High status profession of defendant made jury convict perhaps? Unanimous. Verdict but interestingly they acquitted him having a few indecent images.
Conflicting advice on what to do next. Should convicted say 'should of exercised more judgement / must be hard for victim. Sorry etc' or as solicitor advises maintain not guilty?
What do you advise?
Can character references. ( additional ones be brought to probation hearing) ?
Any way for non custodial sentence to be served? Previous good character and On bail for 2 years whilst this has been going on
Estimate of sentence range
Will serve half ? Will he have to admit at some stage before parole?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

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

If he pleaded not guilty then its always hard to express remorse at sentence. It will also mean an appeal is a problem.

You can produce character references

Its not a realistic expectation I'm afraid to hope for anything other than custody. Its possible but not likely. The range of sentence would depend on the facts of the case.

He will serve half and be released but he will be subject to strict controls.

Can I clarify anything for you?

Customer: replied 3 years ago.
I see.. Have been advised it's category 1 and a as age disparity and penetration of mouth by penis. Range 4-10. Maybe 4? Also. Defendant had a breakdown and went to a secure hospital as was sucidial. Long time on bail and complied with bail. What can be done to bring it down. If considered dangerous what will that add?
Exemplary past behaviour.....

Hazard a guess at sentence range ?
Expert:  Jo C. replied 3 years ago.
The victim isn't the youngest child victim but I suppose the defendant may be much older.

He won't be considered dangerous within the meaning of dangerousness. No previous convictions will not render him dangerous.

If this is cat 1 for grooming then the starting point is four years I'm afraid.
Customer: replied 3 years ago.
Please advise what you suggest convicted should include in probation report to help as much as possible. Any possibility will be out earlier on tag. / licence? No force, threats, drugs, all consensual etc

Please clarify that he won't be considered dangerous
What if hospital where he was in whilst sucidial renders unfavourable reports to pre sentence reports - Will that add time.
Expert:  Jo C. replied 3 years ago.
1 That is really a matter for probation. Usually they cover background and assess the chances of reoffending.

2 I think I covered dangerousness really. As I have said, he will not be considered dangerous on these facts.

3 I don't think this will help but it won't hinder.

There is a chance of home detention curfew but its not likely given the nature of the offending.
Customer: replied 3 years ago.
Can you be specific about what is needed in the probabtion report please

What would you recommend and say. Suggestions would be most useful

Also the child was caught out lieing and stating he said 18 on his social profile site and also lied about sending certain pictures when he didn't. The kid contacted him and made the meeting arrangements etc. will this benefit the convicted and make the judge give a softer sentence ?
Customer: replied 3 years ago.
Please reply to the last message

Expert:  Jo C. replied 3 years ago.
You can only tell the truth in a probation report. Its not a subject for suggestions really. Nobody except probation will really know what questions will be asked.

The fact that he said he was 18 isn't a helpful point in the light of the jury's verdict I'm afraid.
Customer: replied 3 years ago.
May I rephrase the question and ask what sort of questions would you (based on your experience as a lawyer) expect they will ask in such a report and confirm that if so,e degree of reflection is included and previous gd character that it will have up to 20% reduction ?

Keen to close discussion and rate highly now.
Expert:  Jo C. replied 3 years ago.
I'm never involved in probation interviews. That is a question for the probation service. We never have any insight into that.

He has been convicted after trial. He will not get a reduction I'm afraid.
Customer: replied 3 years ago.
The question what as could be asked in a probabtion interview was met with the response that I'm not involved in such things. This is not a satisfactory answer

Efforts should of been made to look up information and advise me accordingly . I do not use this service to be met with a response that I am never involved in it. Just because u are not doesn't mean u can not research. The answer
Expert:  Jo C. replied 3 years ago.
Unfortunately I won't be able to continue because you have left a negative rating.

All the best.
Customer: replied 3 years ago.
Relist: Answer quality.
Same set of questions to another expert including details of what will be likely to be asked in a probation report and what should and could be done to aid the convicted person in pre sentence report