During a contested trial, the judge indicated that he would not impose a sentence of imprisonment on conviction, and he did not do so. The Attorney General sought the reference on the grounds that the sentence was unduly lenient.
Held: The judge’s representations did not bind the Court of Appeal. Though they would be taken into account, in this case the defendants had not relied to their disadvantage on what the judge had said, and nor had the prosecutor acquiesced in any way. Sentences of imprisonment were proper for a sophisticated, protracted and successful tax fraud where assets had been put beyond the jurisdiction. Delay in bring the reference was not necessarily a bar to such a decision.
Judges:
Kennedy LJ, Forbes, Steel JJ
Citations:
Times 08-Nov-2000, [2000] EWCA Crim 56
Links:
Jurisdiction:
England and Wales
Criminal Sentencing
Updated: 18 May 2022; Ref: scu.77971