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Blackstone's Criminal Practice 2021

Late September 2021

Welcome to the Blackstone’s Criminal Practice fortnightly updates. The following developments occurred between 1st - 15th September 2021.

Part B: Offences

Part B Offences

B5 Fraud and Blackmail

B5.7 Sentencing for Fraud Offences Generally

R v Morris [2021] EWCA Crim 1309: successful appeal against sentence of 12 months’ imprisonment following guilty plea to fraud by abuse of position.

A sentence of 12 months' imprisonment imposed on an offender following his guilty plea to fraud by abuse of position, after he had obtained a power of attorney in respect of his mother's affairs and withdrawn money from her bank account for his own purposes, was suspended for 12 months. Aggravating factors and the high victim impact, including the mother's vulnerability due to dementia, the fact that there was insufficient money left for her funeral expenses and the impact of the offence on his siblings, justified a sentence of 18 months' imprisonment before credit for plea. However, the fact that the offender was of previous good character and would lose his job if he was to serve the full sentence, and the impact that would have on his family, meant that the sentence could and should be suspended.

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