Posted: 01 / 04 / 2022

I always think it is best to lay it out to the defendant, the reality of what is happening. Often the defendant is oblivious to what the outcome of a Court means!

The Defendant was oblivious in a recent case I worked on; he was charged with conspiracy to defraud. 

The Prosecution alleged the defendant knew the mobile phones he was purchasing were stolen.

The Defendant accepted that he purchased mobile telephones but believed they came from a legitimate source.

The Defendant;

    • Purchased mobile phones from various sources.
    • Believed that the price he was paying for the goods were – “sufficiently high such that there was only a modest profit on each item.”

 

After some research;

The Defendant believed that he would make a profit of approximately 10%, which was consistent with the level of profit the Defendant had previously achieved.

 

In the first instance;

The Defendant provided very little documentation to support how he ran his business. He believed his word would be sufficient in the box. After numerous meetings, an understanding of how the defendant ran his business enabled me to request documentation.

 

Initially;

The Defendant produced a couple of invoices, but nothing that could prove his business enterprise. After constant requests, further documentation was produced as well as downloads from his computer to show his contact with legitimate suppliers and checks to Check to ensure the phones were not stolen.

 

So many times, the Defendant believes his work is done once they have instructed a legal team. How wrong that can be!