ChatterBank1 min ago
Fraud charge
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.
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.
Answers
http://sente ncingcoun... tatutory_off ences.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
**
12:42 Wed 07th Mar 2012
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
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
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.
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.
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
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
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.
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.
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.
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.
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.
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.
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.
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.
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
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