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What to expect for sentencing at court on Friday?

743 replies

Ladieunlucky · 23/09/2024 07:51

Im being sentenced this Friday at crown court. I was charged for fraud under false representation due to a manic episode where I stole money from employers. I have bi polar disorder and was un medicated at the time. I handed myself in when I realised what I did and I have lost all my friends and reputation, butonly what I deserve. This charge is because I was in a position of trust. I have seen a psychiatrist for pre sentencing report.

I’ve been advised the sentencing guidelines start at 3 years, reduced by a 3rd because of my early guilty plea and co operation. Mitigating factors are I have not offended before, early plea and co operation, previous good character, have a 15 year old who I have joint custody with. And also my mental illness.

I am prepared for a custodial sentence and just wondered what I can expect on the day in court, how long it takes as no there is no trial. And what to pack in my bag to bring to prison?

I understand this may be my fate and what I deserve and have never once said I’m not guilty. Please just kind comments as this time is very difficult x

OP posts:
ivykaty44 · 28/09/2024 06:36

Relative recently went through sentencing, but was on remand having spent 2 months in prison. Had pleaded guilty on advice from solicitor

it’s a waiting game once in court, he was up at 4am to get wagon from prison, courts take there time and you may be waiting until the afternoon.

a few people are there with suitcases, can’t advice what they packed though

his sentance was between 1 and 3 years guideline

he was given suspended sentence and community service

men’s prisons are full and this atm probably worked in his favour

rrrrrreatt · 28/09/2024 08:13

I would be surprised if you got a custodial sentence and I hope you don’t. Prisons are so full right now and it doesn’t seem like the right solution for circumstances like yours.

I used to work in a supermarket and my supervisor was prosecuted for stealing £15k from the tills (widely accepted he took more) due to a gambling addiction. He was in charge of preventing till loss so definitely in a position of trust and it was his third offence of this nature. He got a suspended sentence with 100hrs community service and had to pay back £2k. Hopefully your sentence will be something similar rather than custodial.

Angelofmycoins · 28/09/2024 08:35

Op - you do not day how much you stole, which does impact the sentence.

Here are the crown court sentencing guidelines for fraud offences, including by false representation.

https://www.sentencingcouncil.org.uk/offences/crown-court/item/fraud/

Do you have a solicitor?

Fraud – Sentencing

https://www.sentencingcouncil.org.uk/offences/crown-court/item/fraud

QuantumPanic · 28/09/2024 08:48

I don't understand how the organisation doesn't know how much was stolen? Unless OP was funnelling money out in a way that looked legitimate, so they're having a hard time working out what was genuine spending/transfer on behalf of the business and what was theft - but that doesn't tally with a one-off impulsive incident.

Are they just massively disorganised?? And how can OP be sentenced if they can't substantiate the amount stolen?

NewDogOwner · 28/09/2024 08:48

Good luck x

Cello60 · 28/09/2024 08:58

Good luck

Onlinetherapist · 28/09/2024 09:03

@Ladieunlucky I think your diagnosed mental health condition needs to be front and centre in this. Was there a reason you were unmedicated? Medication in short supply? (a lot are/have been), mistake with your prescription?

also your son will be working towards his GCSEs, not the best timing for him.

Hopefully will be taken into consideration and sentencing suspended. But you will have to try very hard to stay out of trouble during that period.

Aliciainwunderland · 28/09/2024 09:15

I suspect that with today’s prison over crowding, a suspended sentence would be an attractive option for a non violent crime, with early guilty plea and who is genuinely remorseful.

have you updated your son’s school? You say you have joint custody, in the event that you get a custodial sentence - would his father have full custody? It would be good to work with him to ensure that the school have the contact details of any other responsible adults such as grandparents if they are unable to contact him for any reason. The school can also work with a pastoral lead to ensure your son has the support in the school, especially if he has exams this year. Form tutors can also keep an extra eye.

wishing you the best!

Backtoblack1 · 28/09/2024 09:24

I know someone who has been sentenced for an almost identical offence. She's in prison but is being released early due to the need for her cell as prisons being too full.

hopefully you will get a suspended sentence x

ThatsNotMyTeen · 28/09/2024 09:52

Years ago I worked on a case where a woman had embezzled £30k from her (large) employer and she didn’t get a custodial sentence. I hope you don’t either. If you go to jail when people like Huw Edwards who are complicit in sexual abuse of children go free then that’s an abomination

goodluckbinbin · 28/09/2024 09:52

With all the circumstances, genuine remorse, child and the fact that prisons are stuffed - I hope you get a suspended sentence. I suspect you will but unfortunately if very much depends on the judge.

6pence · 28/09/2024 10:20

If if the time scale meant that it was on the cusp of being two years to allow a suspended sentence, then surely a delay of 6 weeks will allow them to definitely do this?

Maybe that’s why it was adjourned?

ALovelyCupOfNameChange · 28/09/2024 10:39

I’ve been a lurker, just wanted to say I was thinking of you. I am pleased you are able to update, I’m sorry your living with uncertainty for the next few months and hope it goes well for you in November

ConcernedOfClapham · 28/09/2024 10:58

Thinking of you, OP, and good luck in November x

MatchingBedding · 28/09/2024 10:59

Good luck OP.

AngelicKaty · 28/09/2024 11:09

Ladieunlucky · 27/09/2024 12:40

Hi all! Im home but it’s not over yet. This is the update so please give your advice again and thank you for being on this journey with me. If you are all able to I’d like you stay updating you until next time.

Returning to court again for sentencing on 11th November. Its been adjourned. The court agreed to have a probation meeting to help with their sentencing to look at rehabilitation and my back ground for mitigation. The judge did say that don’t take these next 6 weeks as you won’t get immediate custody nor am I saying you will.He did say it was in the bracket of 2 years custodial which can be suspended at that. My old work are wanting compensation as the amount taken can’t be agreed so they take this back from my assets. Feel happy to be home but delafted its not over yet. What do you think? X

Edited

Based on the detail you've given us and what you say your solicitor advises and what the judge said at court pre-sentencing, I would be genuinely astonished if you were given a custodial sentence.
I hope we get an update from you on 11th November to say your at home having been given a suspended sentence, but PLEASE do not come off your bi-polar med's ever again (unless a GP tells you to and only under their supervision).
Best of luck OP! 😊

LadyLolaRuben · 28/09/2024 14:31

Oh OP checking and in and found your update! It's great to see your post.

I'm sorry resolution is dragging on but things seem optimistic for you - for all the reasons stated in previous posts. There's hope and I truly believe your exemplary approach to the issue will get you through this and the outcome you need.

Keep posting updates and when you need support, we are all cheering you on x

Ponderingwindow · 28/09/2024 18:00

Sorry that the limbo continues, but keeping my fingers crossed that it means you are getting a fair sentence.

your case is such a perfect example of why the justice system needs a massive overhaul. You committed a crime and should face consequences, but locking you up isn’t going to help anyone. I’d much rather see you sentenced to therapy and community service. If your circumstances were different, perhaps adding an education requirement to the mix.

Craftysue · 28/09/2024 18:16

Thanks for the update I've been thinking about you. It sounds like the judge is exploring all options but the delays can't be easy. Excuse my ignorance but how do the company not know how much was taken?
Anyway wishing you all the best x

Itsgottobeme · 29/09/2024 07:01

i know the wait now must feel overwhelming. that added to the uncertainty must make your mental wellbeing feel even more of a mashup. try to keep grounded. do all the things you can and need to to keep safe and steady.dont let the thought spiral comes, especially when it comes down to wanting to react and for these scared feeling to be taken out in other ways or behaviours. keep doing all the compassionate and emotionally steady things. and definitaly seek help if you can or there is someone you can trust with this. you deservr and need support even in hugs.
and take that medication.
get those little walls of mental resiliance built up in these coming months. get yourself as safe and strong as you can.
im many of us will all still be here in the interum and beyond when you need us,if you need us.
im sorry all this happened. it must be so upsetting to know something happened, youd did things but not sure exactly what or how. but also know this was your illness, that is something that cant be argued with. so dont get another stick to beat yourself with about blame and self loathing. many many people know what these illness cause to happen in someone. and that is terrifying for the sufferer.
i think youve been really bloody brave. i think your handling this really really well.

LunaTheCat · 02/10/2024 09:40

itsgottobeme what a lovely thoughtful person you are .

OldTinHat · 02/10/2024 10:11

Just catching up with your thread.

This is such a sickening and distressing time, just roll with each hour and each day.

Personally, I think you'll be looking at a suspended, but don't take my word for that, obviously.

I'm sending you virtual hugs and support.

Ladieunlucky · 02/10/2024 13:59

Another update with bad news- I started a new job 3 months ago. DBS was conducted then and was my solicitor said not to declare as won’t show on dbs at the time. If I’m sentenced then I must be honest. I’m a receptionist for private healthcare. I provided honest references and my dbs at the time. I don’t handle cash and I’ve tried to redeem myself. Even making friends and excelling. My manager phoned today to say that something had shown on my DBS but they did not have site of this yet as the paper copy had gone to my home address and I must send a photo when I have it. I have also checked with my solicitor today and she said it could of been put on for safeguarding reasons by the police. I will now have to be honest this evening and that will be the end of my job. Again my own fault

OP posts:
murasaki · 02/10/2024 14:13

I think your solicitor gave you bad advice. If you pled guilty, I assume that would show up on the DBS regardless of whether you'd been sentenced. So now they will wonder why you didn't declare it. Your best bet if they ask you is to say that it was on advice of the solicitor rather than you deliberately hiding it.

Luddite26 · 02/10/2024 14:26

Oh no this is a real shame. Have you any evidence of your solicitor giving you that advice?
Try and hold it together and see what happens.
There may be a chance that you have proved yourself and it is easier to keep you on than start the whole process againx