The Court of Appeal should not tinker with sentences passed by lower courts in the absence of exceptional circumstances, or where they were wrong in principle, or were manifestly excessive. Here a sentence of 30 months for a professional and systematic breach of Trade Mark law was not to be set aside. The sentence was intended to act as a deterrence. The potential loss to the music industry relevant to the case was a substantial factor.
Judges:
Lord Justice Rose, Mr Justice Butterfield, Mr Justice Cooke
Citations:
Times 30-Oct-2001, [2001] EWCA Crim 2023, [2002] 1 Cr App R (S) 485
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002 HL 14-Oct-2004
Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant?
Held: Lord Bingham of Cornhill said: . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing, Intellectual Property
Updated: 09 August 2022; Ref: scu.166716