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

She was sentenced yesterday, ShinyShona so your post is, at best, somewhat out of context.

I've heard this but I don't think there is much truth in it. A lot of the "research" is done by women self reporting and not being questioned. I think the reality is that researchers are much more prepared to explain the root causes of why women commit crime than they are with male offenders.

Yep. I thought it was a new thread. Somehow missed the 19 pages!

I think without knowing the full extent and circumstances it's hard to say whether custodial sentencing is right or wrong ( if that's what's happened) do agree mitigating circumstances come into it but as someone else said so do aggravating circumstances - and we only know what the OP has said- I do feel for the lady regardless of what she did as clearly she has huge remorse and it's theft rather than murder etc - sometimes though with courts sorry doesn't always make it ok-

💐

I don't really think prison is a good idea for non-violent first time offenders, especially not for those with a history of mental illness. My preference is for a community order but I think a suspended sentence can be a good deterrent to future offending too.

Thinking of you, OP

OP stated she stole £35,000
Her solicitor told her sentencing was in the order of 3years( allowance made for pleading guilty)
Unless there’s mitigating circumstances ie young children caring for them alone for example, illness ( one fraudster didn’t get a custodial due to cancer ) then the bar at 3years requires a custodial. Anything more than two years needs mitigating circumstances to be a non custodial sentence according to sentencing guidelines for fraud.

Her mental health issue could allow for this but it’s not a given.

No word from OP yet though, either way

3 years minus one third for early guilty plea is 2 years. Absent aggravating factors plus mitigating factors plus the current steer on sentencing and a suspended sentence becomes an option - just. This seemed to be the indication she got 6 weeks ago, so hoping that was the outcome although the absence of a confirmation is a worry.

It sounded like three years was the starting point for sentencing though, not the upper limit she could receive. So, despite her early plea and mental health considerations, after receiving the psychiatric and probation reports and no doubt hearing a victim impact statement from her employer, the judge could've still decided on a higher sentence. The vast sum of money involved would've been hard to mitigate.

The average sentence though at 3years is what counts. Before the reduction, not after.

So a judge will consider it as a three year sentence and only then will reduce it for pleading guilty etc etc. and then any mitigating or aggravating circumstances.

No, provided the custodial sentence determined by the judge is between 14 days and 2 years then they can suspend the sentence, even if the starting point was 3 years. Remember, the starting point can be reduced by a guilty plea and mitigation.

Op I’ve been checking back and hoping to see an update from you, I really hope that you’re “just” busy 🤞 Sending you lots of love x

£35000 is a lot of money to take which implies it was over a prolonged period, not a one-off moment of human weakness. If someone stole that amount of money from my business, I think we would struggle to survive, I would lose my livelihood, potentially get my house reposessed- and it would affect any minor children very adversely.

Yes, I'm quite surprised by the number of people saying it's disgraceful if the OP is in prison. £35k is a lot of money, and the loss of it could potentially destroy a business.

If I remember correctly the OP remembers the figure to be about £5k but her former employer has said this is £35k but that no evidence of this was provided and the OP was unsure how correct this was due to her condition at the time of the theft.

Broadmoor Hospital is for people with serious mental health issues who murder.
Some people no matter how they became mentally ill ( head injuries) can be/are dangerous to others.
If mental illness , or Autism or anything else gave a free pass to avoiding a custodial sentence- people could commit crime with impunity, assured their freedom won’t be impacted.

OP said she couldn't account for how much she took, but her employer said that was the sum. Presumably they could prove what went missing from their accounts.

OP said she thought it was £5000 but that she couldn’t remember
The employer said it was around £35000, OP hasn’t stated whether evidence for the £35000 was put forward or not, she’s just said she can’t remember how much.

Just checked in as I remember you and saw thread in active
Thinking of you

@ShinyShona I don't disagree with you- not always how courts see it though

This is what I said as my aunt’s business was defrauded by £250,000 and she struggled after that. It’s a huge amount and she was a small business (since retired). It was a huge strain on her and her family.

I do sympathise with OP somewhat. Court and a judge might not be so lenient.

Thinking of you OP

Just flagging this post from the OP in September. She says:

He did say it was in the bracket of 2 years custodial which can be suspended at that.

So more likely to be maximum of 2yr custodial, rather than the minimum of 3yr

No, agreed. Although my understanding is that full prisons mean judges are getting a very clear steer to use prison as a last resort for non-violent offenders at the moment.