Good day hope you are wellMy cousin has ...

Asked by rudy on 27-07-2021 07:32:31
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. 

Answer to the Question

Posted by Att. Patrick on 30-07-2021 11:09:44

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 

Please remember this is a dialog if you have follow-up questions please make the required deposit, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make deposits for their questions - they get serviced first!

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