News & Insights

Successful application to dismiss on all counts made by Fiona Clegg

02/09/2021

Following legal argument at Inner London Crown Court, Fiona Clegg was successful in an application to dismiss counts of Fraud and possession of articles for use in frauds.

Fiona’s client collected money as a volunteer on behalf of fundraisers. Her client faced charges that they were knowingly making false representations that the organisation was a charity, when it was not, and that they were also in possession of promotional material during the relevant period. After careful consideration of police observations and Facebook evidence, Fiona was able to argue that there was insufficient evidence that her client was in possession of promotional material in the course of, or in connection with of fraud. Fiona was also able to successfully argue the lack of evidence of dishonesty and, on close analysis of the banking material, that there was no evidence of any pecuniary advantage to her client.

Following legal argument at Inner London Crown Court, Fiona Clegg was successful in an application to dismiss counts of Fraud and possession of articles for use in frauds.

Fiona’s client collected money as a volunteer on behalf of fundraisers. Her client faced charges that they were knowingly making false representations that the organisation was a charity, when it was not, and that they were also in possession of promotional material during the relevant period. After careful consideration of police observations and Facebook evidence, Fiona was able to argue that there was insufficient evidence that her client was in possession of promotional material in the course of, or in connection with of fraud. Fiona was also able to successfully argue the lack of evidence of dishonesty and, on close analysis of the banking material, that there was no evidence of any pecuniary advantage to her client.

The case being formally dismissed means Fiona’s client no longer has to await a jury trial in 2022.  Fiona was instructed by Peter Stringfellow at Carson Kaye Solicitors.

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