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]

The above guide is for someone convicted for fraud under £5000, with no previous convictions for dishonesty offences (fraud / theft etc) and found guilty after a trial.

[errin]

Thank you for your reponses Exdc, I really appreciate it. God, this is horrendous. I really hope if I plead guilty on Monday I get sentenced there and then. I just want it over with.

[exdc]

Errin, so you can see from the guideline that the starting point for the offence/s you have described is a high end Community Punishment Order, so your solicitor needs to put forward the mitigation and has hopefully directed you to get character witness evidence.

Pleading guilty at the earliest opportunity will allow a sentence to be reduced by 1/3rd and although I dont personally agree with TIC's, I remember reading an extract written a Crown Judge directing that all judges should consider a person admitting offences by way of TIC to be treated with some leniency.

Just for your info, the police are not overly impressed with the constant fraud work that come from companies such as catalogues Co's, who dont really make much of an effort to check the authenticity of alot of potential customers and end up using the law enforcement agencies as a free of charge debt collecting agency which obviouslycost the tax payer etc. Some Magistrates may be of the same view !!!!!. ?

[exdc]

Blimey, evn the CP agree (more politely). CPS Guide : Prosecutors should guard against the criminal law being used as a debt collection agency or to protect the commercial interests of companies and organisations. However, prosecutors should also remain alert to the fact that such organisations can become the focus of serious and organised criminal offending. The criminal law should not be used to protect private confidences.

[errin]

I was in a very heightened state of psychosis when the offence took place and had the catalogue companies had their wits about them it would never have got as far as it did. Not that I don't have to accept responsibility because of course I do but it wasn't exactly very sophisticated - different applications with slightly differing birthdates etc. I would have imagined it should have raised the alarm but sadly not.

I really hope my personal mitigation helps me. I'm terrified. Its been good for losing a few pounds if nothing else!!

[exdc]

Are you ok now with the issue whether to plead or not ?

[errin]

Well the solicitor has said they can't really advise me until Monday's hearing when they get the papers but I think they will be advising me to plead guilty.

Irrespective of that I think I will just plead guilty anyway, I can't handle the whole trial thing and waiting ages for a sentence. I need to get it over with for the sake of my sanity - literally!!

[exdc]

Ok thanks, all the best and try not to worry about something that may not happen. !! ( easy for me to say i know)

[errin]

Thanks, I really appreciate your time :)

[EL2012]

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?