Will my cousin go to jail?

My cousin was arrested for a relatively small fraud totalling about £2000. Somebody had claimed he sold them some fake paintings. He paid the man back but the person still put a complaint in about him to the police, eventually he got charged with fraud by false representation. He has no arrests or convictions to his name and is worried about going to jail. He has some proof to put forward that he didn't know the paintng were fake. What is likely to happen here?

Probably not if he paid them back, might get community service or a suspended sentence.

SteveT

As he has paid the money back, I don't think he has a case to answer. He should just explain that he was as much a victim of the fraud as the other man was because he honestly believed the pictures were genuine

Alvaro R

I believe they will probably understand they will get an expert to see if it rather fake or not but if this his first offense they will lead him with a warning.

jed slade

That is his defence,he did not know they were fakes,the court must prove he knew.

Scouse

The PROSECUTION has to prove beyond all reasonable doubt that he knew or should have known that the paintings were fake. The fact that he sold them to someone else is beyond doubt. That it was a deliberate fraud is to be proved.

mary z

Since he has all ready paid restitution to the victim and this is his first offense he will probably be ok..However, you never know when the court wants to make an example of someone.

Rommel_Returns

they have to prove beyond doubt that he new the paintings to be fake. if they can he will be charged. they will probably need to contact who ever sold the painting to him.

roger.williams20@btinternet.com

I suspect he will be fined and not sentenced to imprisonment for such an insignificant offence.

Roosterkroozer

If he has proof that he didn't know the paintings were fakes, then he should be okay, as long as the courts will allow him to present it. He should work with his attorney and the prosecuting attorneys to go after the person or persons who sold HIM the paintings in the first place.

Lily B Talus

Suspended sentence is most likely if he expresses remorse in court.

Train Hard Live Well

He'll get a caution. HE WON'T GO DOWN, but ifhe does it again he will.

gerry mac

In all honesty I do not see any judge handing out a custodial sentence if your info' is correct.

The Mechanic

If he Hasn,t committed a murder and cut up the body, the chance of him going to jail are nil , and even if he did, because there is not enough jail space he would more than likely get a caution not to do it again or community service which he can ignore.

jackie m

depends how he came to have them in the first place?

DeepSixed300

He'll probably take the eight o'clock walk to the drop.

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