Parties had been convicted of various offences associated with the conduct of a large Ponzi investment fraud scheme, and now appealed against sentence and or conviction.
Held: In P’s case, the charges had been laid as alternatives, and having been convicted of one offence, the judge should have withdrawn the other which was derived from the same facts. That appeal succeeded. As to sentence, he had been dishonest from the outset, and his please of sorrow were hollow. This was a case of the utmost gravity. The sentence was adjusted to reflect time spent in custody pending trial. H’s wife’s appeal against sentence was also dismissed.
Judges:
Raffert LJ, Wilkie, Macduff JJ
Citations:
[2013] EWCA Crim 359
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v McEvilly CACD 2008
The appellant had pleaded guilty to count 3, unlawful wounding, contrary to section 20 of the 1861 Act. The trial went ahead on counts 1 and 2, attempted murder and wounding with intent; all three counts in the alternative. After a majority . .
Cited – Regina v Cole CCA 1965
Six men robbed the bank manager and his assistant of monies in a safe in the vault of the bank premises. Two days later the appellant paid part of the proceeds of the robbery into two banks, located nearby to the vicinity of the robbery. Wax seals . .
Lists of cited by and citing cases may be incomplete.
Crime, Criminal Sentencing
Updated: 14 November 2022; Ref: scu.472036
