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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71041
Experience:  Over 5 years in practice
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Customer Question

My son was interviewed with regards ***** ***** from employer £5700 and credit card fraud £200. He has past history on which he breached his suspended sentence and received 7 months imprisonment. He was not arrested but went voluntary to the police station and pleaded guilty to both offences. He has been to magistrates and they have referred to crown for sentencing. His probation report suggests unpaid work and curfew. I am also prepared to repay the money taken and have the funds available. My question is based on past what sentence is he likely to get

Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Sorry for the delay.
What type of work did he do?
How was this theft perpetrated?
Customer: replied 2 years ago.

Hi, he was working as a sale advisor in a shop. He was dismissed for a separate thing on that dat he didn't bank the money. It consisted of 4 days banking. He used it to pay debts off with as he was then unemployed

Expert:  Jo C. replied 2 years ago.
Does he have any previous for dishonesty?
Customer: replied 2 years ago.

Yes for same offence 4 years ago

Expert:  Jo C. replied 2 years ago.
What did he get then?
Was that theft from employer?
Customer: replied 2 years ago.

Yes he got a suspended sentence which was activated because he committed credit card fraud. It was 10 months suspended for 12 months.

Expert:  Jo C. replied 2 years ago.
Ok. That was what lead to the seven months.I'm really sorry but I am afraid you cannot rule out here the risk of custody. This is a large sum of money although not the biggest, it was taken in breach of trust, there was a history of kindred offences and not huge compliance with community orders. I suppose he could argue that was some time ago and that he should be given a second chance. If you repay the money then that will help. That makes all the difference with offences of this kind.However, I am sorry but you should brace yourself for a custodial sentence I'm afraid. There is an outside chance of a suspended sentence and a community order and if it happens then that is wonderful but you can't rely on it.I'm very sorry but I have to give you truthful evidence.Can I clarify anything for you?Jo
Customer: replied 2 years ago.
Ok what length of sentence would you say in worst case senario
Expert:  Jo C. replied 2 years ago.
Just under £6k is not the greatest sum and actually it isn't hugely aggravated by the circumstances but he does have previous.
I'm afraid I would brace yourself for six to twelve months.
Customer: replied 2 years ago.
So he could be out early like last time on hdc in 1.5 months or 3 months
Expert:  Jo C. replied 2 years ago.
He would serve half of his sentence and then be released.
He might be a candidate for home detention curfew as well.
Customer: replied 2 years ago.
Sorry but I've just been reminded to ask. As he pleaded guilty he will receive a 1/3 off. Also he has a business he started and now employs 3 people who rely on the wages as well his partner won't be able to afford the house they live in alone and may risk losing it. Surely if the money is available to repay he is likely to get a suspended sentence? I find it hard to justify other people losing their liveyhood and home because of his stupid mistake. Will the judge take that into consideration. What else can he do to help avoid prison
Expert:  Jo C. replied 2 years ago.
Yes, he will get credit.
I'm really sorry but I cannot agree that is he likely to receive a suspended sentence. I'm afraid he is likely to get custody. He might be lucky and if he is then that is wonderful but it is not likey.
I understand your points but he has previous for doing this and he didn't comply with the community order that time.
Customer: replied 2 years ago.
So realistically anywhere between 6-12 months. 12 being the maximum. Does that include 1/3 off
Expert:  Jo C. replied 2 years ago.
Well, that is a rough range. It could be more although I wouldn't expect it.

I'm afraid that is likely to include the third off.