POL00058132
POL00058132
Ki
IN THE CROWN COURT AT PORTSMOUTH
BETWEEN:
POST OFFICE LIMITED
LYNETTE HUTCHINGS
ATTENDANCE NOTE
Date: 30" July 2012
Coram: HHJ Pearson
Contra: Miss Lucia Whittle-Martin
For: PCMH
Offence(s): Fraud (and later false accounting contrary s.17 Theft Act 1968)
Result: Guilty plea entered to false accounting; NG to fraud, Pleas acceptable. Adjourned pending PSR.
ROUCB.
Next hearing: 24" August 2012 for sentence.
1. Iwas instructed to appear on behalf of POL at the above hearing today.
2. At court I spoke with Miss Whittle-Martin, defence counsel for Ms Hutchings. Miss.
Whittle-Martin indicated that if the indictment was amended to false accounting, then
Ms Hutchings would be willing to plead guilty. Her concern seemed to be that she
wished to advance in mitigation that she had no made false representations in order to
obtain any pecuniary benefit beyond “putting off the evil day of having to sort out the
muddle” ( R v Eden ). Following consultation with those instructing, I drafted a new
indictment in the terms of section 17 of the Theft Act 1968.
1l[Page
In court the new indictment was signed. Ms. Hutchings was arraigned. She entered a not
guilty plea to count 1 and a guilty plea to count 2. I indicated that the pleas were
acceptable, and that the Crown would decide whether to let the count lie on file, or to
offer no evidence, at the sentencing hearing.
A basis of plea was put forward by the defendant. A copy is on the brief and it reflects
the mitigation noted at paragraph 2. The judge asked whether the basis could be
agreed; I submitted that it could not, but nor could the Crown go behind it; it could not
be said with any certainty what was done with the money, whether it was stolen or
mismanaged, but what was clear was that POL was down more than £10k. The judge
indicated a Newton hearing would not be necessary in the circumstances.
The matter was adjourned until 24" August 2012 for sentence. Miss Hutchings was
remanded on unconditional bail pending the preparation of an all options PSR.
Those instructing me may wish to consider the following:
i. Confiscation under POCA 2002 - if so, the questionnaire will need to be
served and a timetable prepared;
ii. Whether no evidence is to be offered on count 1 or it is to lie on file;
Many thanks for your instruction in this case. Please do not hesitate to contact me in
the future regarding this or any other matter.
Travel expenses: £34.40
William Martin
9-12 Bell Yard
London WC2A 2)R
30°" July 2012
2IPage
POL00058132
POL00058132
qb