Plea and Trial Preparation Hearing 28 PDF

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Conference with client charged with theft. Case sent to Crown Court for trial....

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PLEA AND TRIAL PREPARATION HEARING

28-01-2020

Good afternoon Mr Hall, thanks for attending today. I have been instructed by Kay Dalini of Goss, Jones & Chantry to act as Counsel for you during this hearing, which should commence in about 20 minutes. Before the hearing starts I’d like to go through some important matters with you. I’d like to get a better idea of the events leading up to your arrest and subsequent charge for theft of a Rouge painting. I will set out an outline on how we should proceed during this meeting, so that I don’t miss anything. Is that ok with you. 1. First, I’ll ask you some QUESTIONS regarding the sequence of events of how the painting came to be in your possession. 2. I will then move on to ADVICE ON PLEA. 3. We can then discuss the MERITS OF YOUR CASE AND THE EVIDENCE. 4. I will then advise you on SENTENCING and an example of the type of sentence given in similar cases involving theft. 5. Following that I will explain what is going to happen in the HEARING TODAY. 6. There will also be a chance for me to answer any QUESTIONS YOU MAY HAVE towards the end. But of course, if you have any questions before the end, please feel free to stop me at any time. 7. Finally I will TAKE YOUR INSTRUCTIONS as to how you wish me to act for you, and how you intend to plead.

1. MY QUESTIONS You’re charged with one count of theft, contrary to s1 (1) of the Theft Act 1968. Which means that a person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it. Meaning that having got hold of a Rouge painting and is concluded that you intended to permanently deprive the owner of it. Mr Hall in your PROOF OF EVIDENCE para 2, you state that you distributed business leaflets in October/early November 2019 and as a result you received a number of calls, leading to appointments. In your Police Interview you state that you received a phone call from Mrs Edwards at your shop and you visited her in early November last year. Do you remember the exact date that Mrs Edwards called you?

Mr Hall how do you keep track of your appointments, do you keep a log or an appointment diary? Or do you have an assistant to manage your appointments? Mr Hall Mrs Edwards stated that she had an unsolicited visit from you on 3 rd November 2019. During that visit she says that you were interested in a Rouge painting passed to her late husband by his family, which you insistedt she should have valued. She felt that you put her under pressure that she eventually gave in, is that correct? Mr Hall in para 5 of your Proof of Evidence, you state that after getting the painting you passed it to your valuer, whose name you confirm as David. Do you have any evidence of this e.g. a written record or a receipt? Mr Hall since your proof of evidence dated 10 Dec 2019, have you spoken to David or has he contacted? Does he have another contact number for you, as you lost your phone? Mr Hall did you report your lost phone to the police or you phone provider? Mr Hall are you aware that the Rouge painting from Mrs Edwards has been professionally estimated at £20,000? There was the impression that a Rouge painting similar to Mrs Edwards’ sold at an auction for £1,500, according to David, is that correct. Mr Hall you refer to David as being a friend. And you also state in para 5 of Proof Of Evidence that he is a Business Associate. Yet you hardly know him, you are unable to provide his name, address or the name of the Auction house where he works. Is there a reason for that?

2. ADVICE ON PLEA Mr Hall in terms of the information that you have provided, you have a defence to the charge, as you passed the painting in good faith to David, expecting that he would come forward with a valuation to pass on to Mrs Edwards. I would advise the correct plea would be one of not guilty. I would advise that by arranging to provide a valuation to Mrs Edwards, you tried to live up to your word. The fact that the painting was entrusted to you and you have not returned it will be viewed in a poor light. Having to rely on a third party who has failed, may shift the blame to that

party. I cannot advise you to plead guilty to something that you are not guilty of doing. However how you wish to plead is entirely up to you. I can only advise you but you don’t have to follow my advice. It is also my duty to let you know that if you plead guilty, you would get credit by way of a reduction in sentencing of up to a third. That one third will be removed from the sentence you are given. You understand I’m not asking that you change your plea, but just letting you know how things work.

3. MERITS OF YOUR CASE AND THE EVIDENCE It hinges on getting hold of David to clear this up. There are two very different versions of what actually took place. Mrs Edwards version is that you made an unsolicited visit to her home and although you described her as confused, she seems clear and specific about dates and times of the events, your visit etc. She indicates that you were insistent about valuing her painting. This can be viewed as putting pressure on a 78 year old widow to part with a possession. Something which holds sentimental value. For your version to be believed there must be some evidence to substantiate what you are saying. Having said that, what works in your favour is that your provided Mrs Edwards with your contact details telephone number and address of your shop. This indicates that you did not intend to disappear or remain uncontactable. Having no known previous convictions works in your favour, this will be viewed by the jury in a favourable light. This can be enhanced if someone can vouch as a character reference for you. That will assist your case. It appears that there are lots more factors weighing against you, than in your favour. For example Mrs Edwards is a vulnerable elderly widow who has lost her painting which holds sentimental value for her as it is a reminder of her late husband. Her witness statement shows that you came across as forceful. The disparity in the statements as to how the visit was arranged. There can be a request of evidence from Mrs Edwards phone provider and if this is obtained could influence or determine the outcome of the case.

If it turns out that Mrs Edwards called you, then that would assist your case as your version of events would be credible. We hope this works in your favour if such evidence comes to light. There is also the missing link David the valuer, who has disappeared.

4. SENTENCING A – High culpability – That is the degree to which you are to be blamed is high. (i)

Involvement of others through coercion, intimidation or exploitation. (ii) Breach of a high degree of trust or responsibility. (iii) Sophisticated nature of offence/significant planning. (iv) Theft involving intimidation or the use or threat of force. (v) Deliberately targeting victim on basis of vulnerability

Category 2 High value good stolen (£10,000 to £100,000) and no significant additional harm Step 2 – Starting point and category range The court should use the starting point to reach a sentence within the appropriate category range. The starting point applies to all offenders irrespective of plea or previous convictions. For this offence the starting point will start from 18 months up to 4 years in custody. As far as possible I’ll aim for less culpability and aim for possibly a high community order to 26 weeks custody. 5. HEARING TODAY You will be asked to indicate your plea. If you stick to your plea of not guilty, the court will proceed with the mode of trial hearing at the Crown Court. The magistrates have already decided their sentencing powers are not sufficient, which is why the case was sent to the Crown court. The advantage is that, you will be tried before a jury. 6. QUESTIONS YOU MAY HAVE Hope all of this makes sense, any questions from you at this point Mr Hall? 7. TAKE YOUR INSTRUCTIONS And finally I’d like to take your instructions....