POL00049168
POL00049168
Re
US
Graham Brander To: Juliet McFarlane/e/POSTOFFICE.
7 cc: Ged Harbinson/e/POSTOFFICE€
19/11/2007 11:31 Dawkins/e/POSTOFFICE(”
Subject: Re: REGINA v JOSEPHINE.
(SOUTH WARNBOROUGH)
WINCHESTER CROWN COURT
MENTION - 19TH NOVEMBER 2007
CASE NO: POLTD/0506/0685
~ CRM/253367/JMcF
Juliet
REF: Hamilton Mention Hearing 19 November 2007 - Wichester Crown Court.
Richard Jory advised me earlier today that he hadn't received this e-mail. Any chance you could
forward it to him again.
Hamilton pleaded guilty to the 14 FA charges.
Agreement by both counsels that provided full amount (i advised Richard of increase in value of
money) is repaid by sentencing date (25/01/08) then the single theft charge would be dropped.
Richard stipulated that if the full amount wasn't repaid by that time, we would go to trial in respect of
the theft charge, unless it could be shown that payment would soon be forthcomming; in which case
sentencing would be adjourned.
K/Regards
Graham Brander
Investigator
Post Office Ltd
14 High Street
Eastleigh
Hants
SO50 5TA.
STD Ph
Mobex:
External Email:
----- Forwarded by Graham Brander/e/POSTOFFICE on 19/11/2007 11:20 -----
. Juliet McFarlane To: Graham Brander/e/POSTOFFICE
™ cc; Ged Harbinson/e/POSTOFFI
16/11/2007 16:36 Pardoele/POSTOFFICE( GRO”
Subject: Re: REGINA v JOSEPHINE RAMILTON™ CRM/253367/JMcF
(SOUTH WARNBOROUGH)
WINCHESTER CROWN COURT
MENTION - 19TH NOVEMBER 2007
CASE NO: POLTD/0506/0685
Graham
I have forwarded Ged's memo to Counsel, Richard Jory. I have informed him that whilst there is no
outright objection to proceeding with False Accounting, there is a concern as to recovery of Money.
We have to date been able to recover where False Accounting only is charged though on one or two
cases the Defence will argue against.
Whilst a plea to Theft would be preferable ,in the event of non-payment the intent would be to proceed
to confiscation
POL00049168
POL00049168
ab
I have made Richard aware that you will be attending Court on Monday the 19th.
I will be in the Office should you need to contact me
Juliet
Juliet McFarlane
Principal Lawyer
Criminal Law Team
Ged Harbinson
Jpn Ged Harbinson To: Juliet McFarlane/e/POSTOFFICE I
i, Wp 46/11/2007 13:01 cc; Graham Brander/e/POSTOFFICE:
/ * Subject: Re: REGINA v JOSEPHINE HAMILTON - CRM/253367/JMcF
(SOUTH WARNBOROUGH)
WINCHESTER CROWN COURT
MENTION - 19TH NOVEMBER 2007,
CASE NO: POLTD/0506/0685
Juliet
Thank you for your memo.
1am never confident with False accounting charges in relation to recovery under POCA 2002 and the
theft charge makes life so much easier. The defendant has General Criminal Conduct under the
proposed charges and this would be so with just the false accounting however we have been
challenged once before when proceeding to POCA where only false accounting was charged, and I
would probable be more inclined to except Particular Criminal Conduct when dealing with confiscation
in that scenario. I fully understand the balance of cost in court time against recovery and if the charge
of theft was dropped for a guilty plea then I would still believe it appropriate to follow to confiscation
and ask for a "Benefit Figure" of £40,201.58. (increase in the value of money) The defendant has three
assets that I have identified to date and the section "18 Provision of Information" (already forwarded)
should assist in identifying others
1 °
2 “GRO a
1.GRO I I Mercedes Sprinter
The main asset is shared between herself, her husband and her parents with equity of £200,000
leaving a disposable asset for her of £50,000 or there about. They would be forced to sell or produce
the monies from the equity and given time to realise the figure say 6 months.
My opinion
1. Charge her with theft and go to confiscation. or
2. Accept a plea of false accounting and go to confiscation
3. If she pays us before we can always draw back out of the case but we need minimum£40,201.58.
Regards Ged
TAKING THE CASH OUT OF CRIME
Juliet McFarlane