David Ames v R
[2023] EWCA Crim 1463
R v Pablo Jesus Belsey
19 September 2023
[2023] EWCA Crim 1125
Court of Appeal
A man stole a lot of money from two families and was caught. He was given a 7-year prison sentence. He tried to appeal the sentence, but the court said the sentence was fair because he had done a bad thing, caused a lot of harm, and done similar things before.
Key Facts
- •Pablo Jesus Belsey convicted of two counts of fraud by abuse of position (Fraud Act 2006, sections 1 and 4).
- •Belsey was the sole director of Spanish Property Lawyers Limited.
- •Count 1: Misappropriation of £569,000 from the estate of Mrs. Wright, of which £400,000 was unaccounted for.
- •Count 2: Misappropriation of over £20,000 from Nadeem Amin and his mother for conveyancing services not rendered.
- •Belsey falsified documents to cover his actions.
- •Belsey had prior convictions for unlawful appropriation in Spain.
- •Belsey was sentenced to seven years' imprisonment (seven years for count 1, concurrent three years for count 2).
Legal Principles
Fraud by abuse of position
Fraud Act 2006, sections 1 and 4
Sentencing guidelines for fraud
Sentencing Guidelines
Outcomes
Appeal against sentence refused.
The sentence was within the judge's discretion, considering the severity of the offences, the significant financial loss, the impact on victims, and Belsey's prior convictions.
Application for extension of time refused.
The proposed appeal lacked merit.