Oh Fell. It Seems To Have Triggered...
Body & Soul0 min ago
Fraud by false representation
Hello any advice would be appreciated. I have done something stupid, and I know it is wrong. I am going through a tough time atm, and due to my clouded vision ended up comitting a crime. I have NEVER been in trouble before, and this is soo out of charactor.
I have been charged with one count of fraud by false representation, and asked for others to be TIC. The amount we are talking about is just under £2,000.
I started paying people back before the police were involved, and I was actually the one who told the victims to contact the police, and gave them a contact name etc. I felt it was the right thing to do. I was told to stop paying so the courts could keep a record.
This whole thing has made me feel low, and I feel sick because of what I have done. I had to go to the magistrates court, and was then told I had to have an interview for a pre sentance report to be written.
I have since been and had the interview, and we spoke about the options open for sentance.
The first was a tag, and we both agreed that it wouldn't be right as the crime was done at home. 2ndly was unpaid work and we both agreed this would be the best option for me.
Although this is what I believe the recommendation with be, the courts did say I could be sentanced for upto 21 weeks, and this makes me sick to the stomach. I was asked how I would feel if this was the case, but I believe it would make me depressed.
I know what I have done is wrong, hands up. I actually volunteer as it is, so believe this would be best suited to my situation. I know this isn't about me, but how oftern do the magistrates go with the pre sentance report? I know for a fact I will never do something so stupid again, and feel awful for what I have put people through.
I have been charged with one count of fraud by false representation, and asked for others to be TIC. The amount we are talking about is just under £2,000.
I started paying people back before the police were involved, and I was actually the one who told the victims to contact the police, and gave them a contact name etc. I felt it was the right thing to do. I was told to stop paying so the courts could keep a record.
This whole thing has made me feel low, and I feel sick because of what I have done. I had to go to the magistrates court, and was then told I had to have an interview for a pre sentance report to be written.
I have since been and had the interview, and we spoke about the options open for sentance.
The first was a tag, and we both agreed that it wouldn't be right as the crime was done at home. 2ndly was unpaid work and we both agreed this would be the best option for me.
Although this is what I believe the recommendation with be, the courts did say I could be sentanced for upto 21 weeks, and this makes me sick to the stomach. I was asked how I would feel if this was the case, but I believe it would make me depressed.
I know what I have done is wrong, hands up. I actually volunteer as it is, so believe this would be best suited to my situation. I know this isn't about me, but how oftern do the magistrates go with the pre sentance report? I know for a fact I will never do something so stupid again, and feel awful for what I have put people through.
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I don’t think I’ve ever claimed to be a Magistrate, bednobs, but no matter.
Anyway, etc, it is unusual for Magistrates to depart substantially from the recommendations made in a pre-sentence report. You will almost certainly be sentenced by different Magistrates to those who dealt with you ate first hearing. The first Bench will have given the probation service an indication of the sentencing range they were considering when they requested the report and the probation service will only make recommendations for sentences within that range. Unless anything comes to light from the report that the magistrates were not aware of at the earlier hearing, they are bound to pass sentence within the range they first considered.
The reasons for any departure from either the sentencing guidelines or the probabtion service's recommendations must be announced in open court.
Anyway, etc, it is unusual for Magistrates to depart substantially from the recommendations made in a pre-sentence report. You will almost certainly be sentenced by different Magistrates to those who dealt with you ate first hearing. The first Bench will have given the probation service an indication of the sentencing range they were considering when they requested the report and the probation service will only make recommendations for sentences within that range. Unless anything comes to light from the report that the magistrates were not aware of at the earlier hearing, they are bound to pass sentence within the range they first considered.
The reasons for any departure from either the sentencing guidelines or the probabtion service's recommendations must be announced in open court.
Errin, Sorry to hijack your thread I wondered if you would be kind enough to update with the outcome? I have not yet been charged but I am in a similar position only I was experiencing paranoid delusions whereby I thought postal/courier packages were not arriving but they were, hence being interviewed for fraud by false representation (i.e. cliaiming things have not arrived) and the house was searched. I am, like you, now receiving appropriate treatment for the Bipolar, I am due back in a fortnight after last return on bail being postponed as i suffered a miscarriage - I feel out of all of the stress oft he situation - but I am scared, really scared..when I think about it I think about I have panic attacks and just the thought of going back to the station brings on suicial thoughts let alone going to court, ill be pleading guilt regardless of what the Sol says just to get it over and done with and I did say this in interview.....can you update with what happened?
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