COULD I GET A SUSPENDED SENTENCE FOR OBTAINING PROPERTY BY DECEPTION?

Being accused of obtaining property by deception can be deeply stressful and raise many questions about your future. You might be unsure about what the charge actually involves, how the legal system will interpret your case, and what penalties you could face – including the possibility of imprisonment. This article aims to clearly explain what the offence means in legal terms, the potential sentencing outcomes, and the circumstances in which a court might consider a suspended sentence instead of immediate custody.

What is obtaining property by deception?

Obtaining property by deception was historically an offence under the Theft Act 1968, but since the introduction of the Fraud Act 2006, such cases are now typically prosecuted as fraud by false representation under Section 2 of that Act. However, some cases may still be prosecuted under the older legislation, particularly where the alleged offending occurred before 2007.

The offence involves dishonestly obtaining property belonging to another by means of deception, with the intention of permanently depriving the owner of that property. The key elements include dishonesty, deception (making false representations), obtaining property as a result of that deception, and intent to permanently deprive the owner. Property in this context includes money, goods, land, and other tangible items, as well as things in action such as debts and bank credits. The deception must be a false representation of fact, whether made by words, conduct, or by omitting to disclose information where there is a duty to do so.

The deception must be operative, meaning it must have influenced the victim’s decision to part with their property. If the victim would have parted with the property anyway, or was not influenced by the false representation, then the offence may not be made out.

Understand that the offence requires dishonest intent and knowledge that the representations were false or misleading. Genuine mistakes, honest misunderstandings, or situations where you believed your representations to be true would not constitute this offence.

What are the usual sentences for obtaining property by deception?

Obtaining property by deception can be tried in either the Magistrates’ Court or the Crown Court, depending on the value involved and other factors. Under the Theft Act 1968, the maximum sentence is 10 years imprisonment, while under the Fraud Act 2006, the maximum is also 10 years imprisonment.

Courts have various sentencing options available, including community orders, suspended sentences, fines, and immediate custody.

For less serious cases involving smaller amounts, first-time offenders, or where there are strong mitigating factors, courts often consider community-based sentences such as community service, unpaid work requirements, supervision orders, or fines. More serious cases involving substantial values, sophisticated deceptions, multiple victims, or repeat offending are more likely to result in immediate prison sentences.

What is a suspended sentence and how does it work?

A suspended sentence is a custodial sentence that is delayed, allowing you to remain in the community instead of serving time in prison – so long as you meet certain conditions. The suspension period typically lasts between six months and two years, during which you must stay out of further trouble and follow any court-imposed requirements.

If you meet all conditions and avoid reoffending during this period, the prison sentence will not be enforced. However, if you breach the terms or commit another offence, the court can activate the original sentence in addition to any new penalties.

Conditions on community service could include community service, regular meetings with a probation officer, attendance at treatment or rehabilitation programmes, or restrictions on your movements or activities. These measures are designed to support rehabilitation and reduce the risk of future offences.

Can obtaining property by deception result in a suspended sentence?

Judges take several factors into account when deciding whether a suspended sentence is appropriate. These can include a lack of prior convictions, signs of genuine remorse, early admission of guilt, and efforts to repay or compensate the victim. Being employed, having family responsibilities, or otherwise demonstrating stability and a low risk of reoffending can also strengthen your case for a suspended sentence.

Offences involving smaller sums of money, minimal planning, or isolated incidents are more likely to be viewed as suitable for this type of sentence – particularly if you have cooperated fully with the investigation and taken steps to address any personal issues that contributed to your behaviour.

However, certain aggravating factors can make a suspended sentence far less likely. These include a history of similar offences, deliberate or calculated deception, targeting vulnerable individuals, or failing to show any remorse.

What factors do courts consider when deciding on a suspended sentence for obtaining property by deception?

Courts consider numerous factors when deciding whether to impose a suspended sentence for obtaining property by deception:

• The value of property obtained is important, including both the actual value and the significance of that value to the victim. Courts will also consider the sophistication and planning involved in the deception.
• The impact on victims is a key consideration. This includes not only the financial loss but also the emotional distress, inconvenience, and time required to resolve the consequences of the deception. Courts will consider victim impact statements and evidence of the broader effects on victims’ lives.
• The method of deception is also relevant. Courts will consider whether the deception involved significant planning and preparation, the use of false documents or identities, targeting of specific victims, or exploitation of positions of trust or authority.
• Your personal circumstances play a vital role in sentencing decisions. Factors such as your age, health, employment status, family responsibilities, and previous good character can all influence the court’s decision. Evidence of genuine remorse, cooperation with authorities, and efforts to make restitution will be viewed favourably.

How serious does the offence have to be for a prison sentence for obtaining property by deception?

A charge of obtaining property by deception doesn’t automatically mean you’ll go to prison. For a court to impose an immediate custodial sentence, the offence must be considered serious enough that neither a fine nor a community-based penalty would be sufficient.

Generally, prison is more likely in cases where the deception involved a high financial value, careful planning, repeated offending, or exploitation of vulnerable individuals. Offences that show a clear breach of trust – such as those committed in a position of responsibility – or that are part of a pattern of dishonest conduct often attract harsher penalties.

However, not all offences meet this threshold. Courts may opt for alternatives to prison where the deception was limited in scope, the person involved has no prior criminal record, and there are compelling personal circumstances – such as extreme financial hardship, serious health issues, or family responsibilities. A demonstrated effort to repay losses or make amends can also influence the outcome in a positive way.

Previous convictions, especially for dishonesty, will weigh heavily against receiving a non-custodial sentence. That said, even individuals with a record may avoid immediate prison time if they show genuine rehabilitation efforts and there are strong mitigating factors.

What can I do to improve my chances of getting a suspended sentence for obtaining property by deception?

Numerous actions will help your case:

• Secure legal advice immediately from solicitors experienced in fraud and dishonesty cases. They can assess your case, identify potential defences or mitigating factors, and present the strongest possible arguments for a suspended sentence rather than immediate custody.
• Make efforts to return property or compensate victims for losses and any additional costs incurred. Even if you cannot fully compensate for all consequences, showing willingness to make amends can demonstrate your commitment to taking responsibility.
• Demonstrate genuine remorse for your actions and accept responsibility for what you have done. This means showing understanding of the impact on victims, expressing sincere regret, and being honest about your involvement. Courts can distinguish between genuine remorse and empty apologies.
• Evidence of positive aspects of your life and character, including references from employers, family members, or community organisations. Evidence of your employment history, qualifications, voluntary work, or other contributions to society can help show that you are generally a law-abiding person who made a mistake.
• Cooperate fully with the investigation and be prepared to provide information that might help authorities understand how the offence occurred and assist victims in recovering their property, and be prepared to comply with any requirements that might be imposed as part of a suspended sentence.

Where to get more help

Stuart Miller Solicitors have extensive experience in defending clients in fraud and dishonesty cases. We understand how stressful and overwhelming this situation can be, and we are here to provide the expert legal advice and representation you need. Get in touch today for a free, confidential consultation to discuss your case and explore your options.

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13:32 16 May 24

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11:06 16 May 24

I really appreciate Mr Mohammed Zeb for his support, advice and his strong defence in my case. He’s a great solicitor and I’ll definitely be requesting him if ever need be in the future.

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11:05 16 May 24

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09:45 14 May 24

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Mannaa Mo

23:16 24 Apr 24

Thank you so much to Mohammed Zeb And Sophie. We was supported in all steps along the way of my little sister’s case. They made us extremely comfortable and sufficiently advised us in every aspect. All of our questions were answered in detail and all information we needed was clearly outlined to us. With the prosecution pushing for jail time, Mr Zeb was able to quickly diffuse the situation in court and get an outcome for us that was much less detrimental. We are so happy that we chose to go with this firm and would recommend Stuart Miller to any and everyone. Thank you again to Mr Zeb and Sophie for all your support, we will never forget it.

Ayesha Akbar

20:24 06 Mar 24

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Samanda Jashari

17:06 27 Feb 24

After searching high and low, they are best solicitors in the uk! They truly care about people and are willing to help no matter when. Very honest and realiable!

paula militaru (paula)

15:37 16 Feb 24

Stuart Miller Solicitors are the best !I been searching online for legal aid solicitors, and I find them!Easy with all documents required, and easy with my case too!They been so helpful to me and they give me a positive vibe every single time we meet up for my case !They are amazing and I definitely recommend them 100 % !Thank you so much to both of solicitors who get my case and god bless them forever !

dean morgan

10:14 16 Feb 24

They where very helpful and contact me as soon as the officers writen to them about my bail.

Sophia H

15:27 08 Feb 24

Stuart Millers were great at dealing with a tricky case and managed to get a great outcome. From the first meeting and hearing, Abu Kibla was friendly, knowledgable and very helpful and you can see a genuine care for his clients. Luke Collins did the day to day and was great at preparing clear written representations and dealing with the CPS. Kathleen Joyce attended the final hearing and despite a last minute time change by the court the day before, she was well prepared, presented the case and mitigation arguments perfectly and was very reassuring and comforting throughout the whole day. Professional, responsive and reasonable fees. Would definitely recommend the firm.

Hassan Ali

20:42 07 Feb 24

Unfortunately I got myself into abit of trouble and didn't have a solicitor at the time. When I was in the police station I was asked if I wanted a solicitor and I said yes and I was then put in a cell till I was interviewed. Officer come to my cell to take me to my interview and asked if I wanted to consult with my solicitor I said yes, when we got to the Consultation room Mr Zeb was waiting for me and he ensured me that everything was going to be okay and this case will be solved with no problems at all and he was right I got NFA and the case was dropped that's all thanks to Mr Zeb he was very professional in this field and was intouch with me and kept me updated with everything that was going on. I will definitely use this firm again in future.

Clare Peters

20:48 06 Feb 24

We would like to say thankyou so much for all your hard work and support given not only to my husband through his court case but to myself as well. Extra thanks to Kibla, Sophie,Bobbie and our barrister Faisal Saifee for the great outcome.

Yeliz Akturk

12:36 22 Jan 24

Many people promise to deliver some just talk nonsense on social media platformsThe truth is that your defence team must be on the same level as your thought if you have any chance of winningMy case was difficult complex and very seriousI thank you all at Stuart miller : Mohammed Zeb and Peter had it not been for your care knowledge support I would not be here todayThank you from my family and I

Jamshad Naeem

22:14 20 Jan 24

Words can not do justice to Stuart Miller Solicitors. I am forever grateful to Mohammad Zeb and Savannah who came to me like angels along with their appointed barrister Harry Mcdonald when my son was on trial. With my son having three charges against him along with joint enterprise which included affray and violent disorder. They took the case on and from the very 1st day kept me updated with the progress and supported me throughout the case. With my son in remand and a serious injury to his face they kept him motivated and in the right frame of mind with video links. Also they were available to him even on weekends if he had any questions. Their guidance and professionalism was absolutely outstanding. Savannah was superb throughout this case. Her approach to everything made it easy for me and my family. The barrister Harry took the case on at short notice and what a outstanding approach he had. Being in court for the 1st time for my son he represented my son superbly. After arguing his defence for my son for 7 gruelling days my son was found not guilty of all charges. I can not praise Stuart Miller enough. A must go to firm if you are in a unfortunate situation and need legal help. Wish Mohammad Zeb, Savannah, Harry Mcdonald and everyone at Stuart Miller the very best for the future. A very big thank you from me and my family.

Colm Walshe

23:14 19 Jan 24

Kiran was amazing with my case, made me feel at ease from the start, was very helpful and professional in resolving matters as quickly as possible. Would highly recommend

Real Cubano

13:03 16 Jan 24

Phil is the best ….Thank you thank you 🙏🏻…..

Phillip taylor

19:05 10 Jan 24

Just spoke to this guy from this solicitors with a concern, And without even knowing me has listened and given me some reassurance and put my mind at rest...Thank you so much .

Victoria Poku

20:09 05 Jan 24

They are very good Solicitors. There are 3 people I trust them very well. Small Mohammed. Luke, and Shamika Bonner, she is the best of all, and Luke is the best as well.

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