Our client was spared a custodial sentence and ordered to carry out unpaid work instead as part of a 12-month community sentence following representation by Dean Phillips of Kangs Solicitors and the instruction of Mr Kevin Hegarty QC of St-Philips Chambers.
Our client had been charged with 3 counts of income tax evasion with the prosecution initially arguing that a substantial sum had been evaded. After extensive examination of the evidence by Kangs Solicitors and in collaboration with defence counsel, the prosecution were persuaded not to pursue the defendant in relation to the first count on the indictment.
As a direct result of this work, it greatly reduced the amount of income tax that the prosecution could say had been fraudulently evaded. This meant that our client now fell into a lower category of the relevant sentencing guidelines for this offence allowing the judge to consider non-custodial options for sentencing.
Kangs Solicitors undertook extensive preparation for the sentencing hearing ensuring that all the relevant material was placed before the court including numerous character references and witness statements. This combined with persuasive mitigation presented by defence counsel Mr Kevin Hegarty QC, enabled the court to conclude that a sentence which crossed the custody threshold was not necessary and therefore the defendant could be properly sentenced by means of a community order.