Edmonds Marshall McMahon, on behalf of SD Taylor Ltd, brought a successful private prosecution against the Defendant, Daniel Page for one count of Fraud, contrary to section 1 of the Fraud Act 2006, and one count of Theft, contrary to section 1(1) of the Theft Act 1968.
There was clear evidence that Mr Page, in his capacity as an agent of SD Taylor, had abused his position of trust by taking out a number of loans for his own benefit. He used details of individuals that were associated with unoccupied premises and stole money from a float that was issued to him by SD Taylor to pay customers their loans. Despite this evidence, the defendant entered a not guilty plea at the first hearing at Warrington Magistrates’ Court.
Counsel instructed by Edmonds Marshall McMahon made representations at the first hearing that the case was not suitable for summary trial. The lay bench refused jurisdiction and the case was sent to Liverpool Crown Court and listed for a plea and trial preparation hearing.
On the 22nd June 2017 at the plea and trial preparation hearing those instructed by the defendant sought a Goodyear indication from the judge to ascertain whether any custodial sentence would be suspended if he did plead guilty. However, once the judge saw the antecedents obtained by Edmonds Marshall McMahon, which included a previous conviction for theft from an employer in 2008, the judge declined to give any such indication.
The defendant subsequently pleaded guilty and the judge maintained that all options remained open to him in sentencing.
On the 20th July 2017 Mr Page was sentenced to 9 months imprisonment, suspended for 2 years on each count to run concurrently. He was also sentenced to a rehabilitation activity requirement of up to 20 days; 200 hours unpaid work and a curfew for 4 months electronically monitored between the hours 2100 – 0700.