Fraud charge

[errin]

I have been charged with fraud by false representation totalling £5000 due to obtaining credit in false names. I suffer from bipolar disorder and carried out the offence whilst in a extreme manic phase and cannot remember doing it. Most of the items obtained have been retrieved by the police and I am willing to offer to repay the remainder. The catalogue companies involved don't wish to seek compensation.

I have no previous convictions and am now on the right medication and visiting a psychatrist once a week. I also have a six year old with cerebral palsy and autism to care for.

What kind of sentence can I expect? I will be pleading guilty.

[exdc]

Hi errin

Please see attached general sentencing guide (unfortunately, the CPS sentencing site is down at the mo, but try searching 'CPS fraud sentencing' later on. The offence you describe is Sec 2 Fraud Act 2006).

http://sentencingcoun...tatutory_offences.pdf

[EDDIE51]

I would be surprised if you got more than a commuity service order but you need a solicitor on your case.

[exdc]

Reduction in Sentence for a Guilty Plea

http://sentencingcoun...lea_-Revised_2007.pdf

[errin]

Thanks for the replies and links. I will check them out.

Your help is much appreciated. I'm absolutely petrified :(

[jewellerjim]

do you not remember using the card to purchase all the items?

[errin]

Hi

I hasnt used a card, I had used others names to open credit facilities with Next and Littlewoods catalogue.

But no I don't remember doing it. I was taken into a psychiatric hospital shortly afterwards but sadly the damage was done.

[EDDIE51]

I would expect a conditional discharge under these circumstances.

[errin]

Thanks all.

So do you think its likely I will escape a custodial sentence? I'm so ill with worry. Since being released on bail in October I have started some new medication along with some other therapy and have done so well, this is having a massive impact on my mental health.

[wolf63]

You might find that the Bipolar fellowship might give you some information or advice. It is a common feature of the illness. I maxed out my credit cards (£15,000) and then got a loan - all when I was manic. It has all been repaid but it is amazing how little I have to show for it.

[Barmaid]

I'm no criminal lawyer, but I would imagine for a first offence, pleading guilty at the earliest opportunity, most stuff recovered or going to be paid for plus your personal mitigation a custodial sentence is EXTREMELY unlikely. More likely low end community penalty.

[cathfromsaron]

although your crime cannot be excused, of course, the courts will usually ask for reports to take into account all these circumstances.

please don't worry yourself sick and make your mental helth worse.

pleading guilty and showing remorse is your best defence, but get a solicitor, as advised.

[errin]

Wolf63 - Thanks for the link, I will check that out. Mania is the worst. Thankfully I haven't been as manic since starting my new medication but I'm worried that all the stress is starting to trigger a HUGE episode one way or the other which is the last thing I need!

Barmaid - Thank you for the kind words. I really hope that is the case, I can handle anything else. Just not prison. I struggle with normal everyday life at times, nevermind that.

[errin]

cathfromsaron - Thank you. The worst thing is I feel genuinely sorry. I would never have done anything of the kind in my normal mental state, Im just not that kind of person. Im just worried how insincere that will sound in court. They must see dozens of 'remorseful' people :(

[Peter Pedant]

A surprising entry from PP

Oh God you didnt use my name for the Littlewoods catalogue did you ?
As a victim this can be little short of a p+++ in the backside

I got two deliveries of children's clothes and had no children to put them on.

Littlewoods confirmed there were three accounts opened in my name.

BUT the point is.......there is an organisation called CIFAS which allows one to prevent credit being opened in one's name for as little as £15. I paid up. Credit lines are closed for up to a year and even I will have difficulty in getting further credit, which was the point of the whole exercise

[errin]

Hello everyone

I saw my solicitor ahead of my hearing and she has advised me to plead not guilty. She is of the opinion that even though the police have evidence of the 'physical' act they would have to prove I was mentally capable of having dishonest intent at the time.

However, having used other peoples names I would imagine that I did have the intent to be dishonest regardless of whether I realised it at the time. And if I can see that I'm guessing the prosecution will too.

I don't feel comfortable pleading not guilty as I don't want to put myself through months of waiting and going through a trial, all to the detriment of my mental health only to have an outcome that could possibly be worse than what it would have been anyway. But I'm also unsure whether or not I should be ignoring the advice of a solicitor when faced with a charge that could potentially land me in prison. Any legally minded people have any thoughts, I would be really gratefull.

[exdc]

Hi errin

Can you confirm what offence you have been charged with including the particulars of that offence.

It will be on the charge / bail sheet given to you by the police and will read something similar to: Name Address etc that you on such a such a date done this and that, contrary to Sec 2(?) of the Fraud Act 2006.

[errin]

I think the solicitors have the sheet? Its two counts of fraud and 5 TIC'S. The full amount is £4,200. I basically opened catalogue accounts in different names while I was in a psychotic episode.

I'm at court on Monday and absolutely ill. My mental health is suffering dramatically and the impact on my daughter due to her autism if I was taken away from her for any length of time would be horrendous. I'm at breaking point, I just wish someone could help me.

[exdc]

fraud %

http://www.cps.gov.uk..._u/sentencing_manual/

[exdc]

nope still down sorry = The Sentencing Manual is currently in the process of being updated by the CPS Legal Team. It will be available on the website again shortly.


Give me a few minutes errin I will try elsewhere. Try not to worry, I will also explain a few things regarding fraud and catalogue comapnies.

[exdc]

http://sentencingcoun...tatutory_offences.pdf

Hi, please see page 24 for sentencing guide, and 2nd example :

**Fraudulent from the outset and either fraud carried out over a significant period of time or multiple frauds : sentence guide =

Starting point:Community order (HIGH)

Range:
Community order (LOW)-6 weeks custody