RAI v Guildford Magistrates Court & Anor
[2024] EWHC 2801 (Admin)
R v Emily Ellwood
19 September 2023
[2023] EWCA Crim 1114
Court of Appeal
Emily was ordered to pay back £12,261 for fraud. The judge said that was too much money, so they reduced it to £900 and let her pay it slowly over three years.
Key Facts
- •Emily Ellwood pleaded guilty to fraud under section 1 of the Fraud Act 2006.
- •The fraud involved using her step-grandmother's bank card details to make online purchases totaling £12,261.74 over eight months.
- •The step-grandmother had advanced dementia and her finances were managed by her children.
- •Ellwood's purchases were described as "purchases of whim or luxury," including high-value items and smaller purchases.
- •Ellwood had significant debts and limited income from benefits.
- •The Crown Court imposed a two-year suspended sentence, 150 hours of unpaid work, a rehabilitation activity requirement, and a compensation order of £12,261.
- •The appeal concerned only the compensation order.
- •The appellant's co-defendant was a 17-year-old youth, and reporting restrictions apply.
Legal Principles
A compensation order should be realistic and achievable within a reasonable time.
R v York [2018] EWCA Crim 2754
Excessively long repayment periods for compensation orders should be avoided.
R v York [2018] EWCA Crim 2754
Section 45 of the Youth Justice and Criminal Evidence Act 1999 restricts publication of information identifying the youth co-defendant.
Youth Justice and Criminal Evidence Act 1999
Outcomes
The appeal partially succeeded.
The original compensation order of £12,261 was deemed manifestly excessive and unrealistic given the appellant's financial circumstances and inability to repay within a reasonable timeframe.
The £12,261 compensation order was quashed.
It was not realistic for the appellant to repay the full amount given her limited income and resources.
A new compensation order of £900 was imposed, payable at £25 per month over three years.
This amount was considered a reasonable balance between punishing the appellant and acknowledging her financial constraints.