AW2: Accusations
AW2: Accusations
Offence 1. This is an allegation of attempted fraud. The appellant, acting with a group of accomplices, attempted to defraud the victim of €1000 on 18 December 2020, whilst serving a prison sentence. He falsely placed an advertisement online for the sale of a Caterpillar E313 excavator and promised to deliver it to the complainant once the €1000 deposit had been paid. He did not possess an excavator and did not deliver the equipment to the complainant. The fraud was detected, and the money returned to the complainant.
Offence 3. The allegation is of an offence of fraud when the appellant, acting with others, defrauded several victims of at least €1000. On 6 August 2021, whilst still serving a prison sentence, he illegally used a mobile phone to place false advertisements online about an Audi A4 and a VW Multiva, promising to deliver the vehicles once deposits had been paid. The appellant did not have the vehicles and did not deliver them to the complainants.
The maximum sentence for the AW2 offences 1 and 3 is 3 years’ custody.
- Heading
- Introduction
- I - Introduction
- II - Chronology
- III - Remaining grounds of appeal
- IV - Legal framework
- V - The appeal test
- VI - Evaluating the offending
- AW1: Conviction
- AW2: Accusations
- VII - Sentencing discussion
- VIII - Article 8
- The Judge’s approach
- Conclusion: Judge’s analysis
- IX - Standing back (Love analysis)
- Conclusions
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