Leeds man jailed for 22 months for defrauding LNER (and perverting the court of justice)

[infobleep]

Not quite, in particular a court is not supposed to impose a more severe sentence if they are unable to do unpaid work. It's more about the range of options open to a court at the point of sentencing. Moreover community orders - the broad category that unpaid work falls under - has a number of other options in it, including curfews, prohibiting certain activities such as foreign travel, enforcing alcohol and/or drug programmes.

So if the sentence isn't more severe, we're they misguided in thinking having a wider choice would be better for them?

 

[Pushpit]

So if the sentence isn't more severe, we're they misguided in thinking having a wider choice would be better for them?

As a general point, criminals sometimes have a high opinion of their own intelligence, but that isn't always a widely shared assessment. So fraud under £10,000 is rarely going to lead to a jail sentence if guilt and remorse are demonstrated. Whereas perverting the course of justice is very, very serious. So yes, it was a silly thing to do, given that the sentencing guidelines are in the public domain.

 

[Haywain]

criminals sometimes have a high opinion of their own intelligence, but that isn't always a widely shared assessment.

This is one reason that police are often happy to turn out for a revenue block at a station, and usually get good results from doing so. Fare evaders are often people committing other offences or with outstanding warrants to answer.

 

[Wallsendmag]

This is one reason that police are often happy to turn out for a revenue block at a station, and usually get good results from doing so. Fare evaders are often people committing other offences or with outstanding warrants to answer.

It like they say on Traffic Cops stop someone for not wearing a seatbelt and it's often the tip of an iceberg

 

[tspaul26]

This is one reason that police are often happy to turn out for a revenue block at a station, and usually get good results from doing so. Fare evaders are often people committing other offences or with outstanding warrants to answer.

It like they say on Traffic Cops stop someone for not wearing a seatbelt and it's often the tip of an iceberg

Indeed. Yesterday we had a lovely chap to deal with.

No ticket, of course.

A short while later and he’s arrested on warrant, searched and found in possession of a machete and a ‘share size’ bag of cocaine.

 

[Haywain]

Indeed. Yesterday we had a lovely chap to deal with.

No ticket, of course.

A short while later and he’s arrested on warrant, searched and found in possession of a machete and a ‘share size’ bag of cocaine.

Ah, but did the station he travelled from have facilities for him to buy the ticket he wanted?

 

[Richardr]

A little more information:

https://www.lner.co.uk/news/train-ticket-cheat-jailed-for-22-months/

After an investigation by LNER and the British Transport Police, King was charged with a Section 7 Fraud offence – making or supplying articles for use in frauds.

Thereafter, independent of the original offence, lying to a court will always be treated very seriously. This led to the charge of perverting the course of justice, and following denying this in the magistrates court:

King subsequently changed his plea to guilty when sent to York Crown Court, where it was also heard that Mr King had previous convictions for fraud which were deemed an aggravating factor.

 

[greyman42]

He was probably always fit enough to work but the letter he got from the NHS saying he was unfit to work, came back to haunt him.

 

[skyhigh]

He was probably always fit enough to work but the letter he got from the NHS saying he was unfit to work, came back to haunt him.

You have got that backwards. He wanted to appear to be fit for work to avoid a custodial sentence. He was assessed as unfit.

 

[greyman42]

You have got that backwards. He wanted to appear to be fit for work to avoid a custodial sentence. He was assessed as unfit.

When was he assessed unfit?

 

[Spaceship323]

You have got that backwards. He wanted to appear to be fit for work to avoid a custodial sentence. He was assessed as unfit.

Post no.1 states he was employed at the time of the court hearing, therefore he must have been fit to work, so why did the NHS letter say he was unfit?

 

[kkong]

Post no.1 states he was employed at the time of the court hearing, therefore he must have been fit to work, so why did the NHS letter say he was unfit?

His paid "work" (e.g. sitting at a desk) may be entirely different from the proposed unpaid "work" (e.g. picking up litter).

 

[Richardr]

When was he assessed unfit?

He had to get a letter from the NHS that said he was fit prior to the original sentencing. Per the LNER link I posted earlier:

King later altered a letter from the NHS to make it look as if he was fit to undertake unpaid work in an attempt to influence the judge’s sentencing options.

 

[Pushpit]

When was he assessed unfit?

His case was adjourned as the court moved towards a sentence, and the court asked for reports, including one from the Probation Service. They said he was unfit for unpaid work, and that would have been disclosed to him via his solicitor some time before the sentence. It takes a fair amount for the Probation Service to say that, but almost all their schemes involve manual effort.

It's usually mental health / public safety / precautionary principle that gets in the way here, but mobility disability or being obese or poor general health may also factor.

His solicitor - and I speculate - would have said to his client "well that is going to narrow down the sentencing options somewhat".

Now the judge here would be very well aware of how reports from the Probation Service work, and had seen the defendant in court and probably made his own judgement, only to be surprised from the hospital letter.

 

[infobleep]

His paid "work" (e.g. sitting at a desk) may be entirely different from the proposed unpaid "work" (e.g. picking up litter).

All they need to do is find unpaid work involving sitting at a desk. I appreciate it's academic in this case as he has perverted the course of justice.

I know people who have done voluntary work sat at desks due health conditions stopping them working.

 

[Kenny G]

All they need to do is find unpaid work involving sitting at a desk. I appreciate it's academic in this case as he has perverted the course of justice.

I know people who have done voluntary work sat at desks due health conditions stopping them working.

Precisely. One gentleman who ran a market stall selling counterfeit clothes on a Sunday market had a heart condition and attempted to argue he could not be given unpaid work for health reasons.I think he received 200 hours unpaid work in a charity shop covering a Sunday shift. He wasn't best pleased.