Posted in Notable Cases on January 30, 2013
The defendant in this case along with one other was charged with a number of counts of converting set top boxes and using them as articles in the use for fraud. The prosecution alleged that as a direct result of this criminal activity the defendant had benefited by converting these amounts resulting in the serious charge of converting, transfer of criminal property in contribution of section 327 of the Proceeds of Crime Act 2002 to the value of over £250,000. If convicted the defendant was looking at a lengthy custodial sentence.
As a result of Ashmans attention to detail in this complex case which involved substantial computer evidence,we along with the expert barrister instructed managed to get the more substantial charge dropped. This therefore resulted in receiving a custodial sentence being mitigated even further. Prior to the sentence hearing we prepared a lengthy mitigation statement to be used by the instructed barrister which further identified flaws in the prosecutions opening.By utilising the lengthy mitigation statement, the instructed barrister brought all these matters to the attention of the sentencing Judge. After the lengthy mitigation the defendant received a suspended sentence.
We are whole heartedly sure that had such attention not been given to this complex case the difference in sentencing may well have been vast.