So my brother went to prison 3 years ago for 'fraud by false representation' ... He took around 20k and as he was 20 he got 18 weeks where he only served 4 and then the remainder on tag.
3 years later he has been caught at a simular thing. Where he took stock items belonging to a company he worked for. This time it is around 8k. Despite admitting it they have passed it onto the police who are yet to complete there investigation. He did offer to repay it back however he asked if he could do this without them bringing the police into it. It sounds like they want to pursue...
What is the likely outcome this time? He realises he needs and wants help and has admitted it all! What do you think could happen..Magistrates, Crown, Sentence etc....thank you for any help in advance. Our family is heart broken
What Prison Sentence to expect...?
2016-08-18 10:52 am
回答 (6)
2016-08-18 10:54 am
If the police and courts are involved then he will most like go to jail for a longer time this time - i.e. server a longer time in jail of the term the judge hand down. He obviously did not learn the lesson first time is how the court and judge will look at him.
2016-08-18 5:42 pm
Judging from your previous questions, are you sure this isn't about you and not your brother?
It's impossible to say as the sentencing guidelines are no help. They only apply to a first offence, This is a second offence. And incidentally, age will not have affected the sentence first time. It's the same guidelines for anyone over 18.
The one thing I can say is that though the amount is less, the court will consider that he's done it before and clearly he didn't learn from that. It will always go up based on the fact that he's done it before.
But as the amount is less than half what it was last time, I would expect much the same sentence again. It could even be more based on defrauding an employer, where he had access to this stock and they trusted him with it. He betrayed that trust. Pleading guilty helps, of course. Offering to pay it back cuts no ice with anyone - it's all very well saying that now, but the fact is that he took the stuff in the first place and would he have given it back if he hadn't been caught? I bet not!
Fraud is an "either way" offence but with a sentence of 18 weeks or maybe a little more, I think this will stay with magistrates. To explain, all criminal charges go to magistrates first, and if the offence is either way, the first thing that will happen before magistrates is that the Crown Prosecution Service solicitor will outline the police evidence. The bench of magistrates then has to decide whether it can deal with it. If what that solicitor says is all true, should the sentence be more or less than 6 months' imprisonment? That's the most a magistrates' court can sentence, and if they think the sentence should be more, they will kick the case to Crown Court.
So you'll get a clue at the first hearing. If he pleads guilty and the magistrates have decided to keep the case, they could sentence straight away. Otherwise it'll go to Crown Court for a first hearing around 6 weeks later. At which point he will need a barrister as well as a solicitor, because a solicitor cannot represent you in Crown Court.
It's impossible to say as the sentencing guidelines are no help. They only apply to a first offence, This is a second offence. And incidentally, age will not have affected the sentence first time. It's the same guidelines for anyone over 18.
The one thing I can say is that though the amount is less, the court will consider that he's done it before and clearly he didn't learn from that. It will always go up based on the fact that he's done it before.
But as the amount is less than half what it was last time, I would expect much the same sentence again. It could even be more based on defrauding an employer, where he had access to this stock and they trusted him with it. He betrayed that trust. Pleading guilty helps, of course. Offering to pay it back cuts no ice with anyone - it's all very well saying that now, but the fact is that he took the stuff in the first place and would he have given it back if he hadn't been caught? I bet not!
Fraud is an "either way" offence but with a sentence of 18 weeks or maybe a little more, I think this will stay with magistrates. To explain, all criminal charges go to magistrates first, and if the offence is either way, the first thing that will happen before magistrates is that the Crown Prosecution Service solicitor will outline the police evidence. The bench of magistrates then has to decide whether it can deal with it. If what that solicitor says is all true, should the sentence be more or less than 6 months' imprisonment? That's the most a magistrates' court can sentence, and if they think the sentence should be more, they will kick the case to Crown Court.
So you'll get a clue at the first hearing. If he pleads guilty and the magistrates have decided to keep the case, they could sentence straight away. Otherwise it'll go to Crown Court for a first hearing around 6 weeks later. At which point he will need a barrister as well as a solicitor, because a solicitor cannot represent you in Crown Court.
2016-08-18 12:57 pm
The likely outcome is he spends a few months in prison. Maybe this time he'll learn a lesson.
2016-08-18 11:09 am
I understand this but what length could he expect based on the last time or is there a chance of community service of something
2016-08-18 2:06 pm
2016-08-18 11:02 am
A Judge decides sentencing of a guilty person. I can't read his mind and no one else here can either.
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