There would need to have been 200 or more counts to reflect the full extent of the financial gain that the offender had obtained.
Held: If an indictment were drafted containing that number of counts, it would prove unmanageable if tried by a jury. Moreover, it would now be unrealistic to expect a defendant to ask for other offences to be taken into consideration because to acknowledge the full extent of the fraud would be likely to result in heavier sentence. It was unsatisfactory that a defendant, admitting guilt and requesting that other offences be taken in consideration, should be treated more severely than one who had denied guilt, but having been found guilty, then requested similar offences to be considered.
Citations:
Times 08-Jun-1999, [1999] EWCA Crim 1437, [2000] 1 Cr App R (S) 144,
Jurisdiction:
England and Wales
Cited by:
Cited – Tovey and Another v Regina CACD 9-Mar-2005
Each defendant appealed sentences where he had committed a series of offences and the sentence had been for specimen acts.
Held: When choosing representative offences a prosecutor should be careful to try to give the court a proper picture of . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 25 October 2022; Ref: scu.157837