What to expect for sentencing at court on Friday?

[Ladieunlucky]

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

Thinking of you

I didn't know there was a previous thread or that the amount was so high. That's a lot of money.

Thinking of you ❤️

@Ladieunlucky hope yesterday went ok. Good news about new employer. Hoping you can update us yourself with good news very soon.

I've been thinking the same, so close to Christmas time and potentially locked up - not that there's ever a good time to be! I hope to god she's OK.

Oh op! You don’t deserve this!
I hope you are as ok as can be, where ever you are!

Sadly, the lack of update would lead me to think a custodial sentence

The courts are very busy, it’s I my lunch time, I think we need to give it more time.

There must be so many women in jail with mental health problems. It really speaks to our social care system /lack of as much as anything doesn't it.

Of course we may not have the whole picture.

It was yesterday though 🙁

Not good. Really unusual to have a custodial sentence that isn’t suspended. Maybe there was more to it..

I've just seen an article from yesterday, in comparison to the ops case, hers was against employer for she believed 35k. This was against vulnerable elderly couple by their carer and was in the hundreds of thousands and she got a suspended sentence, so I'd be surprised if the op has been given a custodial.

OP I'm crossing my fingers for an update saying you're home. Hope your silence doesn't mean you are in jail.

This really. It’s easy enough to feel sympathy reading it from the ops point of view, but going by the posters who’ve read the previous thread, shes’s stolen around thirty five thousand pounds. I sincerely hope her mental state was taken into account if thats what genuinely contributed towards her actions, but the sentence suggests maybe not. If the money was stolen over a prolonged period of time (rather than in one go on a whim), and involved anything like the op forging documents to obtain, it makes it a lot more serious, and a prison sentence is to be expected really

It's not as simple as that. Mitigating factors have a major influence on sentencing.

Oh gosh @Ladieunlucky, I have been thinking of you lots. I really hope you’ve been out having huge celebrations due to being given a suspended sentence yesterday. Am hoping you’re at home with your daughter (& a hangover) & will message on here soon.

If you were given a custodial sentence, then I truly hope it goes as well & as quickly as it can. Once you’re out, I hope you take some comfort & strength knowing how many of us are behind you. You made a mistake. We all make mistakes. You owned what you’d done. You’re a bloody strong woman, even though you may not feel that way, believe me, you are.

Your new employer does sound fab. I really hope they stand by you, whatever happened yesterday.

Best wishes 💜

Not unusual if the fraud amounts to £35k.

so do aggravating factors and financial abuse of the elderly is one of them

I can’t help but think in the future we’ll look on back on prison sentences for people who are mentally ill and be ashamed of ourselves.

Been thinking of you OP

Yes. It is my understanding that women with mental health problems and who have head injuries / been subjected to domestic violence are jailed more frequently and for lesser offences than men. I think I read some research on WPUK about this. I must look it up.

Of course. All I was saying was that you cannot compare the punishments given for the same crime.
I am impartial.

I'm thinking of you, @Ladieunlucky - you sound deeply sorry for what you did, and I do think your mental health condition explains why you did what you did. I hope that, given that you have been entirely open with the authorities about what you did, and why, that they will have taken this into consideration when sentencing you.

So if I am right this is either a category 2 offence with medium culpability or a category 3 offence with high culpability and this means you stole at least £20k from your employer (I'm assuming it is not a category 1 as being in a responsible position means this would not be a low culpability offence)?

I don't want to get your hopes up but I don't think it would be a good idea for the court to send you to prison because immediate custody will result in significant harmful impact upon others (your son), there is strong personal mitigation (e.g. first offence, turning yourself in, remorse, guilty plea, medical condition that you are actively seeking treatment for) and there is a realistic prospect of rehabilitation without a custodial sentence.

Also, there is no particular reason to send you to prison. You don't present a risk to the public, prison is not the only option to punish you and you have no history of ignoring court orders.

Unless there are aggravating circumstances in your case (e.g. who you stole from) then there is little reason for the court to exceed the starting point for a first offence and this will hopefully mean the court sees no reason to impose more than a 2 year sentence. This is an important number because it is the maximum length of a custodial sentence that can be suspended.

Your case would suggest a suspended sentence is reasonable.

https://womansplaceuk.org/2023/03/22/prof-jo-phoenix/