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speranza

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About speranza

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  1. I am in the process of appealing right now. I have been through hell and back but there's some light at the end of the tunnel. Many people said it's not wroth the cost for such a 'light' sentence but I'd rather die than have my name tarnished for something they had no evidence against me but the item which THEY sent me. The crown offered no evidence of order fulfilment from the warehouse or garment history (if it may have been purchased/ returned before etc) as I had asked for disclosure, but my barrister was beyond incompetent and decided to go for lunch after 1 hour and the jury were instructed to convict. The process was unfair. Fingers crossed it won't take too much time and money to appeal. Thanks everyone for the support.
  2. Only just. I have now added a bit of info on the original thread too. I am immensely grateful for your help BazzaS, the support of the whole forum but especially YOUR advice always correct and to the point has been of great help. I am still in a living hell as my life's been turned upside down but will have to learn to live with it. Thank You for everything.
  3. Because the more you disclose, the more it confuses them so I'd rather not, unless I have to. It is for £30 that ruined my life even though I maintained my innocence until the end but it is for dishonesty and they don't take lightly to that. Furthermore, they have mandatory grounds for refusal now and they won't think twice to weigh the severity of the crime but refuse straightaway, regardless. The appellant in question had applied BEFORE their conditional discharge was spent (applied on 5 Aug 2012, spent on 29 Oct 2013). Of course the appeal seems to have taken ages (May 2014) so eventually I think their conviction became spent too! That's not why they won though, their sol seemed to have successfully argued that they didn't have a conviction to answer for. Mine won't be spent for 2 years either. I think I might disclose it in a cover letter after ticking NO and explaining the details of my offence and the Upper Tribunal decision so at least I won't be done for Deception. I could always get Further Leave to remain (not Indefinite) for which the the conviction isn't a bar, but I just am so mad and frustrated with how they dragged out my case that paying 100 times the £30 in costs wasn't sufficient but now the rest of my life will have to be ruined by said conviction too!
  4. Just wondering what people's views are on the case and how they're bound to argue that. I am still unclear in my head regardless of the successful appeal I posted whether it would be honest to answer NO to the question. :/
  5. Just as it states that: (1) Subject to subsection (2) below, a conviction of an offence for which an order is made under section 12 above discharging the offender absolutely or conditionally shall be deemed not to be a conviction for any purpose other than the purposes of the proceedings in which the order is made and of any subsequent proceedings which may be taken against the offender under section 13 above." There are several arguments on that thread, ultimately coming to the conclusion that a discharge is not a conviction and granting the appellant leave to remain. This is noted in the Case title and explained in the end.
  6. It was issued on the basis of pleading not guilty but being found guilty. The question on the immigration form is not about guilt. They ask if you have a conviction or not. Full stop. ILR. A conditional discharge by definition is not a conviction, however you get a criminal record. Please refer to this case for more. https://tribunalsdecisions.service.gov.uk/utiac/2014-ukut-314
  7. Hi guys, Can you please advise if you have to disclose a conditional discharge as a conviction for immigration purposes? The question is whether you have a conviction (not a criminal record, which you likely do) and it is arguably NOT a conviction. Different appeals for immigration or employment purposes have been won by appellants not having disclosed this as a conviction. Please advise.
  8. I have done and I should hope so. I took £900 as a worst case scenario and also it seems to equate what's left of my salary after paying rent (aka disposable income?) since they take about 90% of that, it would be around £900. Anyway, shall wait and see. Not many fortunate people around here seem to have gone to Crown Court, let alone for a matter like mine, so noone can share similar experiences really and I appreciate the huge amount of help I've got so far, nonetheless. Cheers
  9. Thanks a lot Ford! I am looking at the amount payable under income contribution order (9). Blimey, does this mean they can get up to 6 x £900, regardless of the severity of the alleged offence committed? Because then 9 (4) says: The amount payable under an income contribution order is not to exceed the specified amount for the class within which the offence with which the individual was charged falls (regardless of the classification of the offences charged in the indictment). But mine is a lesser offence than any of the ones listed...so will I still end up paying 6 x £900 if they calculate my disp income to be that much? Or does it fall under this? (f)Class F: other offences of dishonesty (specified offences and offences where the value is £30,000 or less) - £6,754;
  10. I am wondering whether I will be able to make ends meet this Christmas. I have said previously that my pcmh is mid Feb. I wanted some information on when do you start paying Crown Court contributions. Online I found this excerpt: ''When will I have to pay? Within 28 days of your case being committed to Crown Court. You will be posted a Contribution Notice or Order detailing the amount you have to pay.'' Does this mean before as in anytime now or after my pcmh date? Thanks a lot for your help.
  11. Thank you. I revealed earlier that it involves a store from the Arcadia group. Hope that information will be useful to some of you.
  12. I do not know, I have applied for legal aid and got a refusal for Magistrates court representation. They mentioned if it goes to Crown we will write again. I believe it will be contributions. I have no capital! I am worried and want to discuss my case details more than this though, as much as money is a big issue too.
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