Sam recently represented the Defendant in a prosecution brought by the DVSA for a number of offences of knowingly making a false tachograph record. The case was brought before Cheltenham Magistrate Court.
The Prosecution submitted that the matter should be sent to the Crown Court who are able to exercise wider powers in these offences, including that of a custodial sentence. However, through robust submissions, Sam was able to argue against the case law cited, and Prosecution submissions, and the matter was kept in the lower court meaning the only powers of sentencing were that of a financial penalty.
The Defendant pleaded guilty to the offences, and by remaining in the Magistrate Court, and Sam made submissions on behalf of his client regarding the reasoning of the offences and the hardship he faces as a sole carer for his children.
The bench awarded significant reduced costs to the Prosecution, along with a reduced fine.
Sam was instructed by Ilyas Umarji of Caines Law.
