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Leeds man jailed for 22 months for defrauding LNER (and perverting the court of justice)

MrJeeves

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I had this pop up on my Google News feed today and haven't been able to find it mentioned on the forum yet.

https://www.yorkpress.co.uk/news/24235323.paul-king-jailed-defrauding-lner-rail-tickets/

It seems the jail sentence was for perverting the course of justice by way of faking a letter to get out of work, rather than the crime of claiming refunds on the used and resold tickets.

A RAIL ticket fraudster who cheated York-based rail company LNER out of thousands of pounds has been jailed.


Paul James King, 35, bought tickets under someone else’s name and cancelled them getting refunds to his own bank account, said Nicola Hoskins, prosecuting, at York Crown Court.
He then supplied them onto other people who used them for journeys.
When he was brought before the courts, he forged a hospital letter in a bid to deceive the Recorder of York, Judge Sean Morris, about his health.

Gas company employee King, of Brown Hill Terrace, Harehills, Leeds, pleaded guilty to using false instruments for fraud and perverting the course of justice.
Judge Simon Hickey said: “For defrauding a company such as LNER, there has to be an element of deterrent to deter people from defrauding the company in that way.”

About the letter, he said: “It is planned and calculated to try and deceive a crown court judge.”

When he was jailed for 22 months, King called out: “I’m going to lose my house, I’m not going, I’m not going.”

Then he sat down in the dock and refused to move. He changed his mind after the defence barrister Ismael Uddin had a word with him.

Ms Hoskins said a LNER fraud officer started investigating King’s purchases when they noticed he was getting a lot of tickets refunded. These tickets were then being scanned at ticket gates or on trains.

In total King bought tickets worth £4,468 between November 2021 and May 2022 and got refunds worth £4,242. But £3,246 worth of the tickets were then used for travel and scanned, although they had been cancelled.

Police raided his home and King was arrested.

He said often when a ticket was refused at a ticket gate, railway staff on duty assumed the machine, rather than the ticket, was at fault and let the passenger through.

After he pleaded guilty to the fraud offence, a probation officer was concerned that he would not be fit for unpaid work.


So King tampered with a genuine letter from Leeds General Infirmary to make it say he was fit enough to do unpaid work and forwarded it to his solicitors, who forwarded it to the court, said Ms Hoskins.

He was to be sentenced by Judge Morris, but when the judge saw the letter, he was suspicious, asked police to investigate and King was charged with the offence of perverting the course of justice.

Judge Hickey said if King had been unfit to do unpaid work it would have limited the judge's sentencing options.

Mr Uddin said King was the sole breadwinner for his family as his wife didn’t work. He had also been served with an official notice to leave his rented accommodation, though he had not provided his lawyers with any documents about this.

King told his lawyers he was awaiting surgery having suffered a brain injury when he was assaulted some years ago.

Unpaid work is often imposed as a condition on a suspended prison sentence or as part of a community order.
 
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JKF

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Presumably they were selling tickets on to other people? Sounds like the sort of operation that would involve more than one person. I wonder if they figured out they could get away with this themselves, or if it’s a common scam that people know about and others are doing the same?

(incidentally, the drummer from my last band used to live on his street a few years back, I wonder if she knows who he is!)
 

Brissle Girl

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If he actually was somehow this forum would sympathise and help him like they do with all "dispute and prosecution" posts unconditionally
We help, but don’t sympathise when the poster has clearly been fraudulent. And we always advise telling the truth, especially in terms of any interaction with the courts, because of the severe consequences of perjury. And rhis case demonstrates all too well the perils of lying to a court of law, resulting in a sentence much greater than the original offence would have warranted.
 

Brissle Girl

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I have heard the term "perverting the course of justice" but have never heard the term "perverting the court of justice". What is the difference between them?
It’s either a typo or the OP wasn’t quite sure of the offence. Your version is correct.
 

Statto

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It was the faking of the letter to avoid doing unpaid work that got him jailed, not the ticket scam, which would have been the fine & unpaid work, love how he said “I’m going to lose my house, I’m not going, I’m not going.” well if he didn't do the crime, then compounded it by faking a letter to avoid doing unpaid work he wouldn't be in that position.
 

Egg Centric

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Is it possible to get a copy of the sentencing remarks and if so how? I do enjoy with serious stuff reading what's actually happened on judiciary.uk (and bailii but there isn't sentencing there) and invariably the reporting is crap and bares only a passing resemblance to what actually happened. You can "read between the lines" of the above story so many different ways and it feels like something the forum should have a handle on.
 

Merseysider

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It was the faking of the letter to avoid doing unpaid work that got him jailed, not the ticket scam, which would have been the fine & unpaid work, love how he said “I’m going to lose my house, I’m not going, I’m not going.” well if he didn't do the crime, then compounded it by faking a letter to avoid doing unpaid work he wouldn't be in that position.
My reading was that he wanted unpaid work to be considered, to reduce the likelihood of a prison sentence following his guilty plea for fraud. Probation/hospital found him unfit but he altered the letter.
 

Fermiboson

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If he actually was somehow this forum would sympathise and help him like they do with all "dispute and prosecution" posts unconditionally
It is a fundamental civil right for everyone to be represented and advised in legal proceedings, no matter how heinous of a crime they have committed, let alone ticketing offences. Such talk presenting anyone who helps with a defense as "sympathisers" is downright dangerous and threatens the integrity of a free and fair justice system.
 

Haywain

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Such talk presenting anyone who helps with a defense as "sympathisers" is downright dangerous and threatens the integrity of a free and fair justice system.
See the current government for multiple examples.
 

Wolfie

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It is a fundamental civil right for everyone to be represented and advised in legal proceedings, no matter how heinous of a crime they have committed, let alone ticketing offences. Such talk presenting anyone who helps with a defense as "sympathisers" is downright dangerous and threatens the integrity of a free and fair justice system.
Tell that to some Government ministers who slag off lawyers for the temerity of defending people who are on their current culture wars crap list.....
 

fairlie

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Is it possible to get a copy of the sentencing remarks and if so how? I do enjoy with serious stuff reading what's actually happened on judiciary.uk (and bailii but there isn't sentencing there) and invariably the reporting is crap and bares only a passing resemblance to what actually happened. You can "read between the lines" of the above story so many different ways and it feels like something the forum should have a handle on.
I do exactly the same as you and find just the same thing with regard to reporting. Unfortunately, I think they only publish the sentencing remarks in certain high-profile cases.
 

Turtle

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If he actually was somehow this forum would sympathise and help him like they do with all "dispute and prosecution" posts unconditionally
You're missing the point.
People here do not sympathise with criminals nor do they encourage lax or careless behaviour in a railway context. They do, however, offer lawful advice and help.
 

Fermiboson

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13 months is remarkably quick these days?

I admit I don't know the state of play in the English courts.
I understand (though I also do not claim to be an expert) that cases involving imprisonment are tried in the Crown Courts, and those have a case backlog of up to several years or even half a decade in some cases.
 

Haywain

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It would be interesting to know if the original fraud case was brought by LNER or by BTP/CPS.
 

tspaul26

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I understand (though I also do not claim to be an expert) that cases involving imprisonment are tried in the Crown Courts, and those have a case backlog of up to several years or even half a decade in some cases.
This is incorrect.

It would be interesting to know if the original fraud case was brought by LNER or by BTP/CPS.
The prosecuting barrister is on the CPS panel, although of course that isn’t an absolute indication.

The references to police involvement also suggest that this prosecution was taken publicly.
 

Haywain

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The references to police involvement also suggest that this prosecution was taken publicly.
I wasn't sure if the police involvement was just with the perverting the course of justice part, which would also bring the CPS into it.
 

jfollows

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I understand (though I also do not claim to be an expert) that cases involving imprisonment are tried in the Crown Courts, and those have a case backlog of up to several years or even half a decade in some cases.
Indeed, not true:

Sentences a magistrates’ court can give​

The court can give punishments including:

  • up to 6 months in prison (or up to 12 months in total for more than one offence)
  • a fine
  • a community sentence, like doing unpaid work in the community
  • a ban, for example from driving or keeping an animal
Courts can also give a combination of punishments - for example a fine and unpaid work in the community.

If the court decides your sentence should be for longer than 6 months, it can pass your case to the Crown Court for sentencing.
As the last sentence above says, even cases with longer sentences can be tried in a magistrates’ court.
 

tspaul26

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I wasn't sure if the police involvement was just with the perverting the course of justice part, which would also bring the CPS into it.
If we take the order of events in the quoted article at face value, police involvement and the arrest pre-dated the fabrication of the hospital letter.
 

Pushpit

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The sentencing guidelines for fraud are quite complex since the scope of the legislation is so broad. But normally £3k or £4k would not put you in prison on a guilty plea. Perverting the course of justice is regarded very seriously. So I would say this is an extreme case, where the actions of the defendant hacked off the judge that he ended up with a deterrent sentence. A one or two year backlog for a single defendant is fairly typical, it's cases involving multiple defendants, different charges, multiple witnesses, multiple legal teams which are sometimes taking 4 or 5 years to get through Crown Courts (e.g. drug supply related crime).
 

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