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R v O
Successful negotiatons in case signifincantly reduce custodial sentence
Our expert team represented O who was accused of a conspiracy to defraud the Grand Theatre of £178,000. The prosecutions case was he and his co-accused submitted false invoices for work not carried out. O pleaded guilty at the earliest opportunity but 2 years after his plea his co-accused had a trial. The Prosecution submitted the guidelines for the offence was custodial sentences in the region of 6 – 8 years given the aggravating features involved. After negotiations with the prosecution the Defendant agreed to give evidence against his co-accused at trial this limited involvement as set out in his statement would become effectively an agreed basis of plea and that he would be entitled to ask the judge for an enhanced reduction on his sentence on top of the credit for his guilty plea. At the sentencing the Judge accepted evidence given by Oates and felt able to take a lower sentencing starting point than the co-accused. Credit for his plea could then be given and then a further 50% reduction for the assistance to the police. Mitigation was put forward for the defendants life and the significant issues he’d had in the proceeding and subsequent years to the offence. After taking everything in to consideration he was sentenced to 16 months imprisonment whereas his co-accused received 5 years. This was an incredible sentence in all the circumstances. We are now negotiating on the confiscation proceedings.