My boyfriend was sentenced to 10 months suspended for two years and 240 hour community service, 3 months home curfew and ordered to pay £6000 or face 1 month imprisonment. This was for fraud by false misrepresentation which he committed in 2007 but was only sentenced in 2011. He has now breached this suspended sentence for once again fraud by false misrepresentation to the value of £2500 by using fraudulently obtained credit card details. He has completed all of his community order and 3 months curfew for his previous sentence but has not (as on benefit) repaid the £6000 and also breached the suspended sentence. The suspended sentence was for £10000 fraud by false representation. Is it likely that he will face a custodial sentence for the new offence as he has breached the suspended sentence? If so taking into account he confessed to police and pled guilty at the magistrates and also completed all of the community order and curfew what is the length of time he can expect?Many Thanks
State/Country relating to question: United Kingdom
My boyfriend was sentenced to 10 months suspended for two years and 240 hour community service, 3 months home curfew and ordered to pay £6000 or face 1 month imprisonment. This was for fraud by false misrepresentation which he committed in 2007 but was only sentenced in 2011. He has now breached this suspended sentence for once again fraud by false misrepresentation to the value of £2500 by using fraudulently obtained credit card details. He has completed all of his community order and 3 months
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Relist: Answer quality.My boyfriend was sentenced to 10 months suspended for two years and 240 hour community service, 3 months home curfew and ordered to pay £6000 or face 1 month imprisonment. This was for fraud by false misrepresentation which he committed in 2007 but was only sentenced in 2011. He has now breached this suspended sentence for once again fraud by false misrepresentation to the value of £2500 by using fraudulently obtained credit card details. He has completed all of his community order and 3 months curfew for his previous sentence but has not (as on benefit) repaid the £6000 and also breached the suspended sentence. The suspended sentence was for £10000 fraud by false representation. Is it likely that he will face a custodial sentence for the new offence as he has breached the suspended sentence? If so taking into account he confessed to police and pled guilty at the magistrates and also completed all of the community order and curfew what is the length of time he can expect?Many Thanks
Can you please explain why you are refusing to respond and the question i have asked again has been locked? I have paid the £57 and wish an answer
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Hello, I see that you have relisted your question to be reconsidered.I have seen the details of your boyfriend's case and can say that in my view it is likely his suspended sentence will be activated due to the breach.Given that he has also committed a new offence he will receive a sentence for that too, which is likely to be consecutive to his sentence for breaching the suspended sentence order.The law states that there is a presumption in favour of activating a suspended sentence order whenever it is breached. The only exception to that is where the defendant can argue it would be unjust to activate it. Looking at the facts you've provided it doesn't seem that your boyfriend will have that argument available to him.However, there is good reason for your boyfriend's barrister or solicitor to argue that his suspended sentence should only be activated in part rather than in full.That's because he has already, you say, completed a his unpaid work requirement and has finished his curfew.A judge will always take into account how well a defendant has done on a suspended sentence order when deciding how much of the custodial sentence to activate.There is a chance his sentence won't be activated but it is unlikely. It will depend on his personal circumstances and on whether he has a positive pre sentence report.I am sure my colleague has previously given you a lot of this information, which I haven't seen, so please do get back in touch if there was anything more specific you needed to know and if my answer hasn't dealt fully with your concerns. If you rate my answer "OK SERVICE" or above, I will be able to continue answering you for free.
Qualified barrister since 2007, with prosecuting and defence experience in the Crown Court.
ok, so how long are we looking at? the probation have stated they are making recommendation for unpaid hours and curfew. If his suspended sentence is 10 month ( completed his community order and curfew ) how long are we looking at for custody for suspended sentence and the current offence? His barrister says he think the judge will issue another suspended sentence but that does not seem right to me hence me asking.
how long are we looking at? his barrister seems to think he may get another suspended sentence. i just need a second opinion. how long of the suspended do you think will be activated and how long will he get for the new offence?
i must also add that the breach was not for a lavish lifestyle but to fund transportation as he had a problem with his legs. i know this is not an excuse. probation are suggesting curfew and unpaid hours. he was in financial desperation at the time and was trying to get himself out of the rut he found himself in. i must also add he stopped the offending on his own accord and was arrested 1 month after his offending. his offence was 28 unauthorised usage of debit cards. the fraud was not fraud from the outset. he just has the details through a project he was working on and subsequently used some of the details.
Thank you for rating my answer.As I mentioned before, the legal presumption is that the sentence will be activated. If his barrister is saying it won't be then perhaps he knows something about your boyfriend's personal circumstances that I don't and he may well be right.A judge will always start from the point that the sentence will be activated and it is for the barrister to argue otherwise, using the report and the facts of the offence and details about your boyfriend to argue otherwise.If the judge does, in the worst case scenario decide to activate the sentence then he is highly likely to only activate it in part to reflect the fact that your boyfriend has already done all his community requirements. In my view he should only activate it by half, perhaps even less.Your boyfriend will then receive a consecutive sentence for the new offence. You say he used credit card details to obtain about £2500. This is known as obtaining credit by fraud and there are sentencing guidelines for this sort of offence.Those guidelines say that where the fraud was fraudulent from the beginning and involves more that one fraudulent transaction and an amount under £5000, the sentence will be in a range from a community order up to 6 weeks custody.Where there is in fact only one fraudulent transaction, the sentence is significantly lower and could easily not be custody.However, it can be higher where it was a professionally planned and obviously very pre - meditated offence.It really depends on the number of transactions he carried out and how professional his behaviour was. Given the small amount of cash he gained, it is certainly arguable that it should not be custody.If he does get custody it will be a matter of months rather than anything more than that. You would also then have to add on the amount he receives for the old offence.I have just seen your new post and you mention that our boyfriend had serious financial worries and other problems. It seems to me your barrister is right to be positive that he may not receive custody.If he does, the sentence as I said is more likely to be in months rather than anything higher.Hope that helps. Please contact me again if you have any problems.
ok and when you say months ( iknow you can't get an exact figure) how many are we looking at? also would he only spend 50% of his sentence in custody? or is it 25% in custody and 25% on home curfew? also would he go to a cat d prison or stay in the local prison?
Hello, as far as your further questions are concerned:First of all you can never say which prison a defendant will be taken to. It always depends on which one has space available so unfortunately you can't guarantee that he will end up in the local one I'm afraid.The usual rule is that a defendant will do 50% of his sentence then be released for the other half.There is always a possibility he could be released earlier on home curfew but that isn't something the courts deal with. This is a decision taken within the prison.As far as the number of months in custody is concerned I would have thought it would be fewer than 6 for the new offence given the profit he made. the total depends on how much of the suspended sentence is activated. That depends on the mitigation put forward on his behalf on the day which is not something I can predict. More than that I can't say.
sorry did you mean 6 months for the new sentence and the more for the suspended sentence? so we could be looking at just under a year? which means he would do 6 months approx in custody?
or 6 weeks
I can't guarantee any sentence because I don't have the pre sentence report or the benefit of a conference with your boyfriend.However, if he has only committed a few fraudulent transactions on the new offence, the guidelines suggest custody of fewer than 2 months.I said 6 months for that offence to be on the safe side although it would probably be much less. I can't imagine he would get anything more than that.Then the judge will impose a consecutive sentence for the breach. That will hopefully be only about half of the original sentence, so maybe about 5 months.In total the entire sentence would probably not be more than about 10 months. Please remember though that this is all affected by things like the pre sentence report, his personal mitigation and the individual facts of the offence. It sounds to me as if he has a good chance of getting another suspended sentence.
Ok Facts of the offence are:A networking website was created by him to try to earn money as his web design business was doing nothing. During this period he split with his ex girlfriend which caused him distress then had to move as he could not afford the rent on his own. After moving he developed acute celulitus on his legs which made it hard for him to walk. He fell into arrears with his rent and was issued a eviction notice/possesion order. he used the details he had obtained from the network website to pay for travel with the local cab firm. once his legs got better and was able to walk he ceased using them. a month later he was arrested for fraud by false representation to the value of approx £2100. using 28 credit card numbers to pay for taxis. his suspended sentence as stated is 10 months and he has completed 240 hours and 3 months curfew. he also pled guilty at magistrates and also confessed to police. there is only 1 count on the charge sheet. he has got medical records showing he had major problems with his legs and also the eviction notice. on attending the probation they stated they would make a recommendation of curfew and community hours. taking everything i have just said do you still have the same opinion now i have explained in a little more detail. also there is something else. when he was issued the suspended sentence, curfew and community order the judge also requested that £6000 of the previous £10000 was to be repaid. he was sentenced in june last year and arrested in november. will the judge take the view it was a few months till he reoffended or will it be from the day he appears in court? i.e. if its court he will be just over a year into his suspended sentence. I'm just really worried as he is not a violent type what so ever and in custody he may be bullied etc... he has also turned his life around i.e. found me and is now on the straight and narrow. I'm just really scared for him. i hate to think of him locked up with murders, rapists etc.. just because he made yet another mistake because he had really bad legs and made 28 journeys over a 2 month period.
i know you can't say which prison but is he a candidate for an cat d open prison? if there is a place how long before he would get transferred? also once the judgement is made and say is 10 months can this be appealed against?
Hello, sorry about the delay in answering but I was dealing with other work.I have looked at the further information you gave me. Thank you for those details. Looking at the new offence details I think it's safe to say this falls within the category of multiple fraudulent transactions which were fraudulent from the outset. There is also an argument that he deliberately set up the site in order to obtain the credit card details and therefore this could be seen as very pre meditated.For multiple fraud up to £5000, the maximum is 6 weeks custody. That could be slightly higher due to his similar previous offending but is not likely to be more than a few months.If however the judge views this as professional offending (if he thinks the website was set up on purpose to obtain those credit card details) then the guidelines say the sentence would be higher than that, which is why I say it could go up to about 6.However, it is unlikely the judge will see this as professional offending because the profit is so low and as you rightly pointed out, was not committed to fund a lavish lifestyle.It would be realistic to expect a few months at the most.It sounds as if he has very good arguments based on medical grounds for saying he should not get custody because these were the motive for his offending.One thing which would help him a lot when it comes to sentence would be if you could write him a reference which can be given to his barrister and handed up to the judge. In that reference you can mention what kind of character he has and what he's done to turn his life around.In answer to your other question, the court will look at how far into the suspended sentence he was at the time of committing the offence rather than when he appears in court for it.Concerning prison - it isn't a matter which barristers deal with I'm afraid. We have no say in which type of prison he is able to go to and it isn;t for the court to decide whether he's eligible for a cat D prison or not.If he has a good previous record he may well be, but that is a matter for the prison authorities rather than for the lawyers to decide.I hope it all goes well at the sentencing hearing. Don't forget to provide a reference!
so after reading that do you still think it may be open to another suspended sentence? and also what do you think the worst possible outcome could be?
I definitely agree with your barrister that because of your boyfriend's personal circumstances and motives for committing the offence there is a strong chance he could get another suspended sentence, particularly because he did so well on his previous suspended sentence.Barristers never like to quote exact figures for sentences because they can vary so much.Also a sentence is due to so many factors it is always hard to predict.However, I can't imagine that he would get over 12 months. That is really a very general figure which I have mentioned but I say that to be on the safe side.Realistically I think any custodial sentence would actually be less than that but I wouldn't like to say an exact figure, other than to remind you of the guidelines I've already mentioned.Optimistically it could be only about 6 months in total for both. It could go as high as a year, potentially.Your barrister sounds as if he knows what he is talking about and must already have a good idea that this sentence could be suspended.
My boyfriend had now acquired £2500 from a tax rebate. He intends to take this to court with him to repay the amount stolen. With this in mind is it likely to change anything?
Hello, thank you for your question and I apologise for any delay in answering but Ii've been attending a meeting all evening. As far as yout enquiry is concerned, if your boyfriend brings that money with him or at least says it's available this will be a major point in his favour as it demonstrates both his remorse and willingness to make up for what he's done. It will provide strong support for arguing for a non custodial sentence.
Hello, I'm not sure I understand why you have replied with a question mark. Is there something about my answer you need to have explained?You asked me if your boyfriend bringing that money would make a difference. My answer is that it will. The courts always take into account remorse and willingness to repay a victim when they decide at what level a sentence falls. In your boyfriend's case he is showing both of those factors by saying he has the money available to pay immediately should the court require it. This won't make the prosecution drop the case against him and won't avoid him being sentenced but it will certainly help with the judge's view of what the appropriate sentence should be.What I meant in my previous answer was that it will make it easier for his barrister to argue that your boyfriend should get a sentence he can serve in the community rather than in custody.Hope that clarifies matters for you.
I'm sorry, I think I answered your question earlier this evening but you've replied with a question mark. Is there any reason for that or do you have a further query?
Sorry apologies I wasn't sure if it had gone through. In light of this do you now think its more in his favour for a community order rather than custodial even though its breached a suspended sentence? I mean if he attend court with the cash in hand and will pay the cashier in court is he more likely to receive a community order. Yes he has committed an offence but if the amount is repaid is custody a serious option still
Custody is of course still an option but the willingness to pay this money will help his barrister to argue he should serve the sentence in the commmunity. In the community could mean either suspended or a community sentence. It's more likely suspended if the judge decides custody isn't an option.
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