R (Provident Personal Credit Ltd) v Denise Hanshaw (2012)

Edmonds Marshall McMahon brought a successful prosecution under section 4 of the Fraud Act 2006 for fraud by abuse of position.

Denise Hanshaw, an Agent of Provident Personal Credit Ltd, dishonestly abused her position as an agent of Provident Personal Credit Ltd, by persuading customers to take out loans in their own names which were actually for her use and for her own benefit, in breach of section 4 of the Fraud Act 2006.

At Croydon Crown Court, the Judge commented that this was a ‘serious breach of trust’ and that the defendant ‘abused her position in a disgraceful way’.  The Judge commented that offence was so serious that a custodial sentence was the right sentence.   He therefore sentenced the Defendant to 18 months imprisonment, suspended for 2 years.  He explained he was suspending it because of exceptional circumstances regarding the Defendant’s family.