Is it worth appealing against my conviction?

x4xy

I have been found guilty of benefit fraud for not declaring capital.
I was convicted to 2 years conditional discharge. Please keep in mind I had already paid before thetrial any overpayment and do not owe any money whatsoever to the DWP.
At the trial I maintained that the money over the capital belonged to my sister, given to me in trust. The magistrates court with only a judge presiding at the trial said in her summing up she found me guilty because: I did not tick the box in the capital and savings page of the income support application form where it says "have you got any money in trust."...
No evidence was presented by the prosecution that the money was not my sister's; I always maintained at the interview under caution that it belonged to my sister. Never at the trial the prosecution contested that the money did not belong to my sister. At the trial I was representing myself - which was a mistake but it is too late now for that.
I am thinking of appealing against the conviction.
Have any of you experience of such a situation? And would an appeal be worth it? Is no other evidence than just me not ticking a box evidence enough to convict me?
I'd be very grateful fgor your comments.

Dunroamin

I doubt that you have grounds for an appeal, particularly as you said on an earlier thread that,
"I have to go to court at the beginning of february charghed with benefit fraud. In the IUC I admitted there has been an overpayment of £16,000 income support and said I would pay it back."

x4xy

there was an overpayment due to my sister's money, which i paid back.

[Deleted User]

you were given the opportunity to declare this money when you applied for I/S you failed to do so and that is why as i see it you have been convicted,i see no reason for an appeal

Soapn

"not just ticking a box" can be the difference between getting something or not

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I personally think you've got away with it quite lightly.

x4xy wrote: »

I have been found guilty of benefit fraud for not declaring capital.
I was convicted to 2 years conditional discharge. Please keep in mind I had already paid before thetrial any overpayment and do not owe any money whatsoever to the DWP.
At the trial I maintained that the money over the capital belonged to my sister, given to me in trust. The magistrates court with only a judge presiding at the trial said in her summing up she found me guilty because: I did not tick the box in the capital and savings page of the income support application form where it says "have you got any money in trust."...
No evidence was presented by the prosecution that the money was not my sister's; I always maintained at the interview under caution that it belonged to my sister. Never at the trial the prosecution contested that the money did not belong to my sister. At the trial I was representing myself - which was a mistake but it is too late now for that.
I am thinking of appealing against the conviction.
Have any of you experience of such a situation? And would an appeal be worth it? Is no other evidence than just me not ticking a box evidence enough to convict me?
I'd be very grateful fgor your comments.

rogerblack

x4xy wrote: »

No evidence was presented by the prosecution that the money was not my sister's; I always maintained at the interview under caution that it belonged to my sister. Never at the trial the prosecution contested that the money did not belong to my sister. At the trial I was representing myself - which was a mistake but it is too late now for that.
I am thinking of appealing against the conviction.
Have any of you experience of such a situation? And would an appeal be worth it? Is no other evidence than just me not ticking a box evidence enough to convict me?
I'd be very grateful for your comments.

The problem is that it's a hell of a lot harder to win an appeal, than at an earlier stage, unless there are really clear errors.

At this point, you have no choice but to employ a solicitor.

As I mentioned in the earlier thread - the money being in your account is not sufficient to determine it's yours, under the benefit rules.

In order for you to have committed fraud, you need to have gained by lying.

If you had properly filled in the form, including the fact it was a trust, and would have gotten benefit, which is possible under the rules on the facts that you outline - then simply not ticking the box is not, as I understand it a fraudulent act, because there was no gain.

This is my understanding of the law, and it may not be quite accurate.
Your position now you've lost is much worse - you need to apply for permission to appeal - you can't simply appeal on the grounds that you don't like the decision.

You need a solicitor who understands how to properly frame an appeal, and understands benefit law.

And you need the judgement to be written in such a way that it has loopholes that allow an appeal.

x4xy

thanks to those who replied so far...
Rogerblack, no there was not gain for me with my sister's money. It was not used for my personal benefit... I understand the need for a lawyer. I am very keen to hear from readers here who like you make constructive comments about this situation.

Dunroamin

I thought that when you consulted a solicitor earlier, s/he advised you to plead guilty?

Soapn

well then here is my constructive comment

dont appeal

x4xy

i consulted a few solicitors most of them said to plead not guilty. they explained many plead guilty for no other reason than to avoid a harsh sentence.

FBaby

I'm still confused as to why you repaid the money they claimed you were not entitled to if your defense is that you were entitled to it anyway since that money was not yours.

Also, how did you find £16K to make that repayment if you didn't have access to that capital?