AN ASPIRING Hollywood stuntman who fraudulently sat a driving test in his brother’s name has been given a suspended jail sentence.
Lee King, who also goes by the name Leon, admitted fraud when he appeared at Portsmouth Crown Court.
The court was told the 23-year-old had already taken a theory test with a driving licence that had his photo on it but was in his brother Darren’s name.
King, who has acted in hit movies Kick Ass 2 and The Secret Service, was caught when he went to take the practical test at the driving centre in Fareham.
Prosecutor Matthew Lawson said King’s brother, 29-year-old Darren, has a learning disability as a result of a genetic syndrome called Fragile X and had been acquitted of conspiracy to defraud at an earlier date.
John Reynolds, defending King, said that due to the defendant’s brother’s syndrome and his mother’s mental heath issues, King should be given credit as he is their main carer.
Mr Reynolds added: ‘He is an unusual character and he swears he didn’t realise it was against the law to take the test on behalf of someone else.
‘That remains his position although he accepts it now.
‘He seems quite genuine about it, but this perhaps goes back to mental health issues which have come and gone throughout his life. It was a fraud intended to benefit his brother who has his own problems.’
A psychiatric report found King has no mental health issues.
Recorder Richard Davison labelled the case ‘highly unusual’ as no legal guidelines exist on fraud committed with no gain to the person committing the act.
Sentencing King, Mr Davison said: ‘You fraudulently represented that you were your brother in order to gain for him a driving licence.
‘Obviously that sort of fraud could have had serious consequences.
‘It could have led to somebody driving on the roads without the proper training or qualification and of course that person could be in an accident and other members of the public could be involved in that accident. It is a serious matter.’
Mr Davision said he had taken into account the fact the fraud was caught early and that King had shown ‘some understanding and remorse’.
King was sentenced to 26 weeks in prison suspended for two years, with community requirements of 18 months supervision and he must attend a thinking skills workshop programme.
King, of Forster Road, Southampton, must also pay a victim surcharge of £80.