A distinction has to be made in between sections 208 and 213 of the Act. Section 208 implies an element of dishonesty, rather than an intent to defraud. The difference lay in the absence of a requirement to establish that the defendant to intended to benefit himself. Though his offence was not technical, and it struck at a lot of company law and the winding up and liquidation processes, it was distinct from fraudulent trading. A custodial sentence was proper, but his previous good character suggested a reduced sentence of nine months imprisonment and a reduction in disqualification to two years.
Citations:
Times 08-Feb-2001
Statutes:
Jurisdiction:
England and Wales
Criminal Sentencing, Insolvency
Updated: 04 October 2022; Ref: scu.88384