You are a solicitor and Higher Court Advocate. You work for Arden LLP Solicitors and represent O ns Volvic. Ons is being sentenced at Arden Crown Court tomorrow. O ns has no previous convictions and has not been arrested before. Ons pleaded guilty at the first hearing to an offence of Fraud by way of failing to disclose information contrary to ss1 and 3 Fraud Act 2006 and the case was adjourned for a pre-sentence report. At the sentencing hearing, the Crown Prosecution Service (CPS) presented the agreed facts and no r ecommendation for sentence has been made. The appropriate table in the Crown Court Sentencing Guidelines is titled Table 1 -Conspiracy to Defraud. This table includes Fraud Act 2006 offences. You are required to make the mitigation submission on behalf of Ons Volvic.

Crime 2: Advocacy Assessment Criteria 1. Presentation 1.1 Adopt a professional manner appropriate to the advocacy submission 1.2 Use plain English 1.3 Deliver presentation at an appropriate pace and volume 1.4 Maintain eye contact 2. Procedure 2.1 Follow required procedure for the particular submission 3. Contents 3.1 Analyse the law effectively 3.2 Analyse the facts effectively 3.3. Application of law to facts 3.4 Logically structured 3.5 Refer to documents appropriately 3.6 Persuasive arguments and reasoned conclusions 4, Ethics 4.1 Comply with applicable professional ethical requirements DOCUMENT 1 - CASE FILE: ONS VOLVIC CHARGE(S) Surname Volvic 32 XB/9087/20-- Forename(s) Ons Custody No Address 6 Winter Road, Arden Town, Arden County URN 445XB64699999 Postcode ART SQT Contact Telephone Station Arden 07655457876 First arrest date 1 February 20- Date of Birth 16 June 2003 Ethnicity (16 point) White - British Ethnic appearance (PNC) Northern European Interpreter N/A Interpreter language N/A You are charged with the offence(s) shown below. You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Sequential No Charge(s) On 7 January 20- you dishonestly and intending thereby to make a gain for yourself or another or loss to another or expose another to the risk of loss, made an insurance claim to Arden Insurance Ltd for loss of a diamond engagement ring to the value of f12,500 and between 19 January and 1 February 20- failed to disclose that the ring was returned to you in contravention of your legal duty to disclose to Arden Insurance Ltd. Reply to Charge (if any) No comment Signed Person Charged Signed Appropriate AdultJ Evian Officer Charging Mellow Rank DC No 675 Station Arden Officer in Case Mellow Rank DC No 675 Station Arden Charge Accepted Pace Rank PS No 653 Station Arden Time 21.01 Date 1 February 20- FOR POST CHARGE UNCONDITIONAL BAIL ONLY Signed Person Bailed Signed Appropriate Adult J Evian Officer Granting Pace Rank PS No 653 Date 1st February 20- Time 21.02Arden Town Police WITNESS STATEMENT Statement of Francis Norrie Age if under 21 [if over 21 insert over 21] Over 21 This statement (consisting of 1 page each signed by me) is true to the best of my knowledge and belief and | make it knowing that, if it is tendered in evidence, | will be liable to prosecution if | have wilfully stated in it anything which | know to be false or do not believe to be true. Dated 30 January 20 ---- I work for Arden Insurance as a claims' investigator. My role is to investigate insurance claims and make a finding on their validity. | was appointed to investigate a claim made by Ons Volvic. On 7 January Ons Volvic made an insurance claim for loss of a diamond engagement ring valued at 12,500. The claim stated that the ring was lost in Arden Park. On 25 January | contacted Ons Volvic and asked her if there were any updates to her claim. Ons stated that there were no updates and asked me how the claim was progressing. Signature Franclis Norrie Signature witnessed by ZZeursday ChiZdy Arden Town Police WITNESS STATEMENT Statement of Iga Azarenka Age if under 21 [if over 21 insert over 21] Over 21 This statement (consisting of 1 page each signed by me) is true to the best of my knowledge and belief and | make it knowing that, if it is tendered in evidence, | will be liable to prosecution if | have wilfully stated in it anything which | know to be false or do not believe to be true. Dated 30 January 20 ---- I was walking through Arden Park on 7th January 20- when I saw something glinting on the ground next to the war memorial. I bent down and saw that it was a diamond ring. I picked it up and put it in my pocket. The ring had initials OV on the inner band. I planned to take it to the police station on 11th January when I went into Arden Town to do my shopping. On 10th January I saw a Facebook post on a community Facebook page that Ons Volvic had lost a diamond ring in Arden Park next to the war memorial. I sent Ons a Facebook message and asked her to describe the ring. Ons sent me a picture including the initials on the inside of the ring. On 11th January I met Ons in the foyer of the police station and handed her the ring. I asked the police officer behind the counter to document me handing over the ring. Ons was very grateful and gave me a f100.00 Arden Department Store voucher. Signature Iga Azarenka Signature witnessed by Thursday Childs Arden Town Police WITNESS STATEMENT Statement of Summer Adulting Age if under 21 [if over 21 insert over 21] Over 21 This statement (consisting of 1 page each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I will be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true. Dated 30 January 20 ---- I am an Arden Town police officer. On 11th January I was working the front desk in the reception. At 11 am I witnessed lga Azarenka hand a diamond ring to Ons Volvic. I made anote in my pocketbook. | advised Ons that if she had made an insurance claim, she must inform the insurer otherwise she was committing an offence. Ons nodded and said thank you. Signature Iga Azarenka Signature witnessed by 7Zwsday Chidy Extract from Pre-Sentence Report Arden Probation Service Background In preparing this case, | have spoken to Ons Volvic and her GP. Ons Volvic was pregnant at the time of the offence and had been suffering from extreme morning sickness called hyperemesis. As a result she has lost a lot of weight. Her GP stated that memory loss can be a symptom of hyperemesis but as she is now six-months pregnant the symptoms may be dying down. On 7 January she was feeling well enough for some fresh air and went for a walk. Due to the weight loss, the engagement ring fell off her finger. Ons noticed the missing ring when she returned home. She went back to the park but could not find it. She believed that she lost it at the war memorial because she had taken her gloves off and on. Ons contacted the insurer immediately and made a Facebook post. When the ring was returned Ons meant to cancel the insurance claim but forgot. She appreciated that she should have cancelled it when the Arden Insurance claims adjuster rang but she was late for an anti-natal appointment. Ons accepts that because she knew that she should have informed the insurance company when she had the opportunity to do so and that an ordinary person would have know this and is therefore dishonest. The offence Ons admitted the offence in police interview Ons has been charged with a single offence to which she pleaded guilty at the earliest opportunity. The insurance company did not pay out on the insurance so there have been no losses. Likelihood of re-offending Ons is remorseful and very sorry to have committed a crime. She appreciates that she has but really didn't mean to and puts it down to pregnancy brain. Ons is highly unlikely to re-offend. She is glad that the insurer had not paid out and would have returned the money if she had. It is unlikely that Ons will reoffend. Sentence recommendation A conditional discharge (this takes account of the nature of offending and low culpability) or a low- level community order with a probation element to help her balance the demands of new parenthood. | do not see a custodial sentence as being appropriate here as it is likely that a custodial sentence would significantly increase the likelihood of re-offending and the custody threshold in my view has not been met. A fine could be imposed but as a single parent this may be the least effective approach. A Probation Officer Dec 20-- Statement Full Name Ons VOLVIC Date of birth: 16 June 1999 Address: 6 Spring Avenue, Arden Town, Arden County, AR6 SQL | am Ons VOLVIC. | live by myself in Arden Town. | used to live with my finance, but when | was arrested he said that he could not be engaged to a criminal and left me. | have just given birth to our son. | was very sick when | was pregnant. | had extreme morning sickness and lost two stone. On 7% January, | went for a walk in Arden Park. | took my gloves off at the war memorial and lost my diamond engagement ring which is valued at 12,500. | did not realise until | got home. | went back to the park but did not find the ring. As soon as | returned home | made an insurance claim. | was worried about my finance finding out and was hoping to replace the ring before he found out. | was over the moon when | received the Facebook message on 10" January. | met up with Iga Azarenka on 11" January at the police station and the police officer reminded me to tell the insurance company if | had made a claim. | really meant to tell the insurance company and accept | had the opportunity to when the claims investigator rang me. | was in a hurry as | was late for an anti-natal appointment and he didn't ask me if | wanted to proceed with the claim. | just got off the phone as quickly as possible. | was going to call when | got to the appointment but | forgot. | know that | should have told the investigator and told the insurance company. | am very sorry and will not commit any more offences. | have already been punished because | have lost my finance. Signed Ons Volvic Dated February 20