POL00120600 - Memo from Jarnail Singh to Post Office Security cc: Christopher Knight, Graham Ward and others re: REGINA v SCOTT RICHARD DARLINGTON - Sentencing.

Evidence on official site

Memo

2° March 2010

Post Office Security

¢.c. Christopher Knight
Graham Ward
Press Office

REGINA v SCOTT RICHARD DARLINGTON
CASE NO: 0809/0208

The above named Defendant having pleaded Guilty to all 5 counts of false
accounting at Chester Crown Court on the 1% February 2010. He attended
Chester Crown Court for Sentence on the 23 February 2010. The prosecution
was conducted by Deborah White and the Defendant was also represented and
the case was heard by His Honour Judge Dulton.

On hearing the facts of the case His Honour Judge Dulton enquired whether there
was an actual loss or whether the missing funds were the result of a “glitch” in
Royal Mail systems. Counsel for the Defence maintained that he had pleaded on
the basis that although there was a shortfall Mr Darlington was not responsible for
it and had merely covered it up. Prosecution Counsel requested a Newton
Hearing to address the issue however having considered the request His Honour
Judge refused the adjournment that the expense of the delay of further
investigation was unjustifiable and that he proposed to proceed on the basis most
favourable for the Defendant. As a result Mr Darlington was sentenced on the
basis that no money was missing and His Honour Judge sentenced as follows:-

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CHARGE SENTENCE

1 On or about the 21% day of August 2008 dishonestly
and with a view to gain for yourself falsified an account
namely the Final Branch Trading Account for Alderley
Edge Post Office for the period ending 21% August
2008 by making an entry therein purporting to show
that the amount of cash in hand was greater than the

and with a view to gain for yourself falsified an account I unpaid work.
namely the Final Branch Trading Account for Alderley
Edge Post Office for the period ending 16" October
2008 by making an entry therein purporting to show
that the amount of cash in hand was greater than the
true figure (Contrary to Section 17(1) of the Theft Act
1968)

3 On or about the 19" day of November 2008

true figure (Contrary to Section 17(1) of the Theft Act I 3 months Custodial Sentence suspended
1968) for a period of 12 months. The Defendant
2 On or about the 16" day of October 2008 dishonestly I was also ordered to undertake 120 hours

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Memo

Cont...

dishonestly and with a view to gain for yourself
falsified an account namely the Final Branch Trading
Account for Alderley Edge Post Office for the period
ending 19" November 2008 by making an entry therein
purporting to show that the amount of cash in hand
was greater than the true figure (Contrary to Section
17(1) of the Theft Act 1968)

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4 On or about the 17" day of December 2008
dishonestly and with a view to gain for yourself falsified
an account namely the Final Branch Trading Account
for Alderley Edge Post Office for the period ending 17"
December 2008 by making an entry therein purporting
to show that the amount of cash in hand was greater
than the true figure (Contrary to Section 17(1) of the
Theft Act 1968)

5 On or about the 14" day of January 2009 dishonestly
and with a view to gain for yourself falsified an account
namely the Final Branch Trading Account for Alderley
Edge Post Office for the period ending 14° January
2009 by making an entry therein purporting to show
that the amount of cash in hand was greater than the
true figure (Contrary to Section 17(1) of the Theft Act
1968)

The Defendant was also ordered to make a contribution towards prosecution
costs in the sum of £410.10 payable at a rate of £10 per week, the first payment
to be made by the 19" March 2010.

Following the Sentence the Judge addressed the issue of Proceeds of Crime Act
timetable and made the following Orders:-

1 Royal Mail must within 14 days indicate to both the Court and the
Defence whether this is a particular criminal conduct case which would
not necessitate the detailed response described in Royal Mail's
Prosecutors Statement.

2 The Defence to serve Defence Statement within 28 days (23° March
2010).

3 The Prosecution to respond within a further 28 days (19"" April 2010).

4 The Defence to respond by 4" May 2010.

Mention hearing fixed for 14°" May 2010.

I have had representation from the Defence Solicitors and they will raise that the
question of lifestyle at this stage is not appropriate as a request for information
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Memo

Cont...

from the Defendant by the Prosecution under Section 18 of the Act as such
information would not be necessary for particular conduct case where there is an
identifiable benefit and the available amount in the same sum is held under
POCA Restraint. They have also pointed out that this will mean more costs from
the Legal Aid funds if we are to investigate into the Defendant's finances for the
past 6 years. They also put in authority where considering the question of lifestyle
/ particular conduct in the light of the Court of Appeal Rulings in R v Shabir where
it was held an abuse of the Court process to attempt to use lifestyle provision
inappropriately.

They have also asked to re-consider whether the recovery of money from the
Defendant is properly a matter that should be pursued by POCA in the Crown
Court or in the form of a civil action in the County Court.

Could you please let me have your response by return as I need to write to the
Defence and the Court by Friday 5" March 2010.

If you wish to discuss any aspect of the above please do not hesitate to contact
me.

Jarnail Singh
Senior Lawyer
Criminal Law Division

jamail.singh;

Ref: CRM/262052/JSX

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