Question posted in the Criminal Law category relating to KwaZulu-Natal
Good day hope you are well
My cousin has been accused of 2 counts of fraud amounting to R130000 of which he benefitted R8000. He used to be a bank employee. Investigations are almost complete he has to re appear in court on the 13th to get the charge sheet.
My questions are :
Will he go to prison?
Can he opt to pay the money back without going to prison and a fine?
He is a first time offender who supports his 63year old mother and 92year old grand mother.
What options does he have to avoid being sent to prison.
Message from the Attorney
Hi there,
I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment, even if it is R150 or R200.
Q: Will he go to prison? --> If he is found guilty, he will be sentenced. The sentencing might result in a fine, or a jail sentence, which might be suspended for a period of time as long as he doesn't do the same thing again.
Q: Can he opt to pay the money back without going to prison and a fine? --> Unfortunately no, but if he pays the money back, the court will take that into consideration when deciding the sentence.
Q: What options does he have to avoid being sent to prison.? --> He could make representations to the public prosecutor and ask that he be given community service.
Att. Patrick
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