Can someone within Law or Crown Court Experience Please Advise

[dylankirby]

Hi,

I would like some advice about what sentence I am likely to recieve at crown court, for a mutilple fraud with a degree of planning, which totals £10,000. On the Sentencing guideline it says 26 weeks - 3 years.

I committed the offences 8 years ago, yes I know its a long time ago, thats due to the fact I went on the run from the police, but I handed myself in last year. I was 18 when I committed the offences, and young and stupid.

I now have a family now and children which is why I decided to hand myself in while my children were young and not old enough to miss me yet if anything happened to me, I had mutilple warrants out for my arrest but they have all been dealt with and in fact almost a year ago I was in magistrates (after I handed myself in) for a similar offence and only recieved a 1 year conditional discharge, to which I have stayed out of trouble and paid the compensation on time every month, which I asked the court to give me, for £1800.00.

So got interviewed for the offences I am going to court to for now, I addmitted them, magistrates committed it to crown court. I have had a pre sentence report done, and the person doing it said she can clearly see I have changed and has written me a report advising for a suspended sentence. Community service would not work as I am a full time carer for my very ill mother, which is documented and not made up, and will be shown to the court.

I have kept out of trouble for the past 8 years also, as well I will be asking the court for a full compensation order to be placed, and will be offering to pay the court £500 on the day that I had saved for Christmas as I really want to wipe the slate clean.

Thoughts would be appreciated.

Many Thanks

[dylankirby]

Criminal Lawyer thanks for your response....

No the Conditional Discharge is not over, but it relates to another fraud offence in 2003, and I was already charged with running from police then at court, so this will not come in to play for this offence that is at court.

As I say the woman doing my pre sentence report was very positive and is said to be preparing me a positive PSR. My lifestyle has clearly changed and can be proved, and I handed myself in to police, I did not get caught by them, I admitted the offences at the first available oppurtunity, and I am seeking to pay the victims all there money back.

My conditional discharge ends in a few weeks.

[dylankirby]

Oh right, my solicitor said to me this could to affect my conditional discharge and it could not be used in anyway, she said as the offence I was given a conditional discharge for was in 2003, that me being charged for another offence commited in 2003 could not interrupt it, and that only if I commited a actual new offence now would it have any bearing on the case..

Thanks for the good luck

[bednobs]

i don't understand how you can say you "admitted the offences at the first available oppurtunity" -it took you 8 years!
Anyway, judges DO pay attention to PSR's (otherwise why bother with them) but you can't be guaranteed that you will get a sympathetic judge or a good day! you really need to listen your solicitor, after all she has the benefit of all the fact, not just 2 paragraphs worth. (plus you are paying for the professional advice)

[dylankirby]

Hi,

Although I was on the run, I had never been interviewed for these offences or arrested for them, only after I handed myself in which is the first I knew about it. Believe it or not I am not the same person I was 8 years ago, and I am entirely different. If I go to prison it will not affect me, I stand to gain nothing from it, but it will seriously affect those that surround me, like my mother who I am a full time carer for, like my step daughter who is not english, but is in her final year of GSCE's and depends on my help with her coursework to explain throughly, as I speak both languages. And my partner who will have a 15 year old, 3 year old, and 5 month old to look after without me, that suffers from depression and breathing difficulties.

I have asked my solicitor who is a partner and a law firm recommended in the legal 500, but I have had many other opinions, and thats all I was after opinions. She says suspended sentence would be likely but she cannot guarantee it, the woman who done the PSR said she would be surprised if I went to prison but would understand why if I did.

I guess I am just worrying about what will happen to them, being on here wont change what will happen.

Thanks anyway

[bednobs]

i can fully believe you have changed - which of us would make the same choices as our 18 year old selves?

[dylankirby]

Your right, unfortunatley I was led in to this life, which is also covered in my PSR but I will not speak about here publically, a lot of let downs for pleads of help from social services etc. Although obviously ultimate blame does come back to myself, for which I am responsabile for, hence pleading guilty and admitting my errors, and asking to court to give me a full compensation order.

[dylankirby]

Thanks for imput so far guys

[dylankirby]

Hi Eddie,

To be honest I am pretty certain I will recieve a custodial sentence, I think the question is whether or not it is indeed suspended or not. I think I have enough relevant factors for a suspended sentence, thats also what the lady doing the PSR said, that she would recommend any custodial sentence to be suspended on the basis to give me the chance to show I have indeed turned a new leaf and can keep out of troubke, then if it is broken I will go to prison and only have myself to blame, which I agree with. I could see a 9 month custodial sentence, suspended for 2 years.

[dylankirby]

Will try

[dylankirby]

Hope im forgiven for my sins :-(

[dylankirby]

I feel physically sick about going to court

[jd_here]

Good luck Dylan, certainly sounds as if you want to turn a new leaf, hope the judge can see that too.

[dylankirby]

Thank you JD