Teenager who used friend's gym membership convicted of fraud
Teenager who used friend's gym membership convicted of fraud
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Discussion

Victor McDade

Original Poster:

4,395 posts

212 months

Friday 10th December 2010
quotequote all
Anyone else think this was an utter waste of time and money?

Could the police not have offered him a caution instead of taking it to court?




Express said:
A DECISION to spend £1,200 of taxpayers’ money prosecuting a teenager over a 53p fraud has been labelled “barmy”.

Nathan Sparrow, 18, pleaded guilty to using a friend’s gym pass for just over an hour on one occasion in October.

But Olwen Davies, defending, told Leicester magistrates the case had cost £1,200 in legal fees, court time, and police preparation.

In contrast, she said, the value of the fraud was 53p, as the gym charged £15.99 a month for membership.

Sparrow, who claimed he didn’t know he was breaking the law, was given a 12-month conditional discharge, and ordered to pay £185 costs.

Charlotte Linacre, of the TaxPayers’ Alliance said: “It is totally barmy to waste taxpayers’ money by spending over £1,000 chasing such a small sum.”


Read more: http://www.express.co.uk/posts/view/216547/-1-200-...

Carrot

7,294 posts

232 months

Friday 10th December 2010
quotequote all
It did seem a tad retarded really.

Surely putting the frightners up this kid in terms of a caution would have been far more sensible, however the "age of austerity" does not seem to apply to anyone except the general public.

turbobloke

117,310 posts

290 months

Friday 10th December 2010
quotequote all
Ayn Rand said:
There's no way to rule innocent men. The only power government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws.
Not forgetting pointless and petty enforcement of any law that makes an easy catch for lazy policing and law enforcement in general, meaning the CPS and braid not front line BiB.

It would be a more useful waste of money to prosecute the relevant CPS eejit for misconduct in public office.

john_p

7,073 posts

280 months

Friday 10th December 2010
quotequote all
To be fair that article is rather slanted towards the fraudster

Gym's wouldn't last very long if we could get one membership between a load of us and just share it - the gym has to make a stand to protect itself here. The 53p is irrelevant.





TonyHetherington

32,091 posts

280 months

Friday 10th December 2010
quotequote all
I agree - the 53p fraud is completely irrelevant. With a minimum year's membership period and 15.99 a month you could equally claim it a near £200 fraud.


chimster

1,747 posts

239 months

Friday 10th December 2010
quotequote all
TonyHetherington said:
I agree - the 53p fraud is completely irrelevant. With a minimum year's membership period and 15.99 a month you could equally claim it a near £200 fraud.
Agree, but this is a sledgehammer to crack a nut.

Stevenj214

4,941 posts

258 months

Friday 10th December 2010
quotequote all
Can't we offer conditional cautions? Caution him on the condition he signs up to the gym for 12 months. Done.

ETA: Seriously. Although I'm against the principle of police being judge/jury/executioner, surely if all parties involved felt the conditions were fair then it would be acceptable.

Edited by Stevenj214 on Friday 10th December 14:15

EDLT

15,421 posts

236 months

Friday 10th December 2010
quotequote all
Do the police have a choice in the matter if the gym caught him and complained?

Also, why is the express using a picture of 75p to illustrate what 53p looks like?

neilr

1,588 posts

293 months

Friday 10th December 2010
quotequote all
The one thing people seem to have missed (including The Express and the Police etc) is that in order for him to be prosecuted, the Gym in question must have known that he wasn't the person who 'owned' the gym membership, yet, still let him in for an hour and/or allowed him to stay, and only then involved the constabulary.

Call it a simple solution if you like, but surely not giving him access when he came in would have been far simpler and less expensive solution (albeit less sensasionalist for the papers of course). Considering the soulution is so simple, I rather suspect theres more to this than meets the eye. (but then that doen't make a good story does it).


TonyHetherington

32,091 posts

280 months

Friday 10th December 2010
quotequote all
neilr said:
The one thing people seem to have missed (including The Express and the Police etc) is that in order for him to be prosecuted, the Gym in question must have known that he wasn't the person who 'owned' the gym membership, yet, still let him in for an hour and/or allowed him to stay, and only then involved the constabulary.

Call it a simple solution if you like, but surely not giving him access when he came in would have been far simpler and less expensive solution (albeit less sensasionalist for the papers of course). Considering the soulution is so simple, I rather suspect theres more to this than meets the eye. (but then that doen't make a good story does it).
Many gyms have automated barriers - perhaps he just walked through it.

FraserLFA

5,083 posts

204 months

Friday 10th December 2010
quotequote all
neilr said:
The one thing people seem to have missed (including The Express and the Police etc) is that in order for him to be prosecuted, the Gym in question must have known that he wasn't the person who 'owned' the gym membership, yet, still let him in for an hour and/or allowed him to stay, and only then involved the constabulary.

Call it a simple solution if you like, but surely not giving him access when he came in would have been far simpler and less expensive solution (albeit less sensasionalist for the papers of course). Considering the soulution is so simple, I rather suspect theres more to this than meets the eye. (but then that doen't make a good story does it).
My gym has a swipe card. Anyone could in theory use my card and would only be found out if questioned.

fido

18,918 posts

285 months

Friday 10th December 2010
quotequote all
Don't see the problem. Try this on the National Rail or the Underground and see what happens when it's 'only a quid' or so - though in this case there is no automatic fine system so the gym had to seek recourse through the courts.

will_

6,035 posts

233 months

Friday 10th December 2010
quotequote all
I'm sure it was the first time he'd done it too, honest.

Nollub

108 posts

260 months

Friday 10th December 2010
quotequote all
Surely the simplest way to sort this out would have been for the club to simply throw out the real member and not refund his joining fee if he paid one!

Frankeh

12,558 posts

215 months

Friday 10th December 2010
quotequote all
TonyHetherington said:
I agree - the 53p fraud is completely irrelevant. With a minimum year's membership period and 15.99 a month you could equally claim it a near £200 fraud.
I'm a member of 'The Gym' and they don't operate contracts. You just pay £15.99 a month and cancel whenever.
They do offer £5 a day access, though. If that's what you want.

I used someone elses membership yesterday by accident. fked up my pin number, started again and half way through the door opened. No idea whose I used. Lol.

Mojooo

13,291 posts

210 months

Friday 10th December 2010
quotequote all
For him to have been given a caution he would have had to have admitted guilt.

My guess is he denied it all the way to court and put a guilty plea in at the last minute.

Chances are the costs have been run up by the defendant and his solicitors.

turbobloke

117,310 posts

290 months

Friday 10th December 2010
quotequote all
EDLT said:
Do the police have a choice in the matter if the gym caught him and complained?
Yes they have discretion but the CPS decide to take it forward or not, both acted foolishly.

Andy Zarse

10,870 posts

277 months

Friday 10th December 2010
quotequote all
Frankeh said:
TonyHetherington said:
I agree - the 53p fraud is completely irrelevant. With a minimum year's membership period and 15.99 a month you could equally claim it a near £200 fraud.
I'm a member of 'The Gym' and they don't operate contracts. You just pay £15.99 a month and cancel whenever.
They do offer £5 a day access, though. If that's what you want.

I used someone elses membership yesterday by accident. fked up my pin number, started again and half way through the door opened. No idea whose I used. Lol.
So, as an analogy, if someone borrowed a mate's annual Oyster Card (value £1,700) to do a one-stop hop on the bus, then the fraud would be £1,700?

I don't get the logic. But then again Tony didn't know where Brissle was either! wink

thinfourth2

32,414 posts

234 months

Friday 10th December 2010
quotequote all
Try calling the cops if you get screwed by a company for 53p

phone
Sorry its a civil matter sir now fk off and be a good citizen

jamesson

3,712 posts

251 months

Friday 10th December 2010
quotequote all
Mojooo said:
For him to have been given a caution he would have had to have admitted guilt.

My guess is he denied it all the way to court and put a guilty plea in at the last minute.

Chances are the costs have been run up by the defendant and his solicitors.
Quite correct. Also, we don't know what the chap's offending history is like. He might have umpteen recent convictions which made him ineligible for a caution, regardless of whether or not he admitted it.

In addition, nobody is obliged to accept a caution. So another possibility is that he was offered one, declined it, and chose to take it to court, perhaps hoping that it would be thrown out or that the CPS would drop it.

Not enough facts in the article to be sure how this situation developed.