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East Coast - Counterfeit Gumtree Ticket - sentenced


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Sorry guys for failing to update, he was charged under Section 6 of the Fraud Act - Possession of articles for use in fraud (Section 6)

The defendant:

 

had possession or control of;

an article;

for use in the course of or in connection with any fraud.

 

He is on trial this thursday and will be defending on the basis he was unaware it was a counterfeit ticket as he did not know and therefore how can he be intending to use a article in the course or connection with a fraud

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He has been told he is going to prison, it is inevitable, was going to sentence him on Thursday but has given a week adjournment for him to sort out his matters and put things in place. 6 months is the starting point plus the suspended on top

 

If he has plead guilty to the S6 Fraud, I'd take a stab at around 4 months custody for the fraud, plus the activated suspended sentence to run consecutively.

 

If he plead not guilty and was found guilty, I'd take a guess at around 6-8 months custody, plus the rest.

 

Obviously will also be ordered to pay the cost of the season ticket back too, plus court costs etc.

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May have already researched this yourself, but based on what you've written, if I was the judge looking at sentencing I would have concluded:

 

Culpability - B/C Medium-Low

Harm A - Category 5 (Under £5000)

Harm B - Lesser Impact

 

This leads to a sentencing guideline:

 

Band B Fine to 26 weeks custody

 

Then there is the factor of committing serious offence(s) whilst on a suspended sentence, possibly pleading not guilty etc, all that makes custody pretty inevitable.

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  • 1 year later...

Are there are any further updates to this?

 

 

Would be interesting to catch up WP?

 

 

Why didn't you check in the HISTORY of your browser to see if the advert was in there?

 

 

If you don't clear your cache history of adverts and dates can be used?

 

 

I wish I had seen your thread earlier,

 

 

sorry.

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threads a year old

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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