Beaumont, R. v
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
- MR JUSTICE HAMBLEN
- HIS HONOUR JUDGE BONEY QC
Areas of Law
- Criminal Law and Procedure
- Property and Real Estate Law
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
AI Generated Summary
The appellant, convicted of fraud, appealed the compensation order arguing her inability to satisfy both it and a confiscation order. The court referenced several precedents that discouraged orders leading to the sale of the family home, concluding the appellant lacked the means to satisfy both orders and allowed using confiscation funds for compensation.
J U D G M E N T
MR JUSTICE HAMBLEN: On 29th July 2013, at Reading Crown Court, the appellant pleaded guilty to two counts of fraud. On 6th September 2013 she was sentenced by His Honour Judge Grainger to 14 months' imprisonment suspended for 18 months, with a three month curfew requirement and 200 hours unpaid work on each count concurrently. On 24th January 2014 the same judge imposed a confiscation order against the appellant in the sum of £17,675.57 to be paid within six months with a period in default of nine months' imprisonment. The judge also imposed a compensation order against the appellant in addition to the confiscation order in the sum of £17,675.57 to be paid to Insite Managed Services Ltd within 18 months. Her co-accused were Jarrod Spence and his partner, Christina Rowland. Jarrod Spence pleaded guilty to two counts of fraud and was sentenced to three years' imprisonment on each count concurrently. Christina Rowland pleaded guilty to two counts of fraud and was sentenced to three years' imprisonment on each count concurrently.
The appellant appeals against her compensation order by leave of the single judge.
The essential facts may be briefly stated. Insite Managed Services Ltd was a commercial company owned and run by Neil Webb. The appellant's co-accused Spence worked at the company as the operations manager. The co-accused Rowlands' role in the company was to carry out administrative duties in connection to the payroll and non-salaried employees. This involved collating the time sheets from contract managers and informing the payroll company of who to pay.
From 30th June 2009 to 2nd March 2012 Spence and Rowland fraudulently claimed payments for employees which were not owed. They received a total of £269,000. The appellant became involved in January 2011 until the discovery of the fraud in March 2012. Her role was to assist in concealing the fraud. She received a total of £17,675.57 paid to her by Spence and Rowland. Eventually suspicions were aroused and Spence and Rowland were suspended pending investigations on 2nd March 2012. On 17th April 2012 the appellant confessed her role to Webb. She was arrested on 19th April 2012.
The confiscation order was agreed in the amount of the appellant's benefit, £17,675.57. In addition to that order, the Crown also sought a compensation order in the same amount. The appellant's available assets were £54,000, representing 50 per cent of the equity in her home jointly owned with her long-term par