Regina v Neal, Hood: CACD 28 Nov 2003

The defendants appealed sentence for having been involved in the large scale importation of cigarettes evading customs duty.
Held: The judge had paid proper attention to Dosanjh. Having regard also to Czyzewski, the sentences were within the guidelines and the appeal was refused.
Lord Justice Potter Mr Justice Cresswell Mr Justice Jack
[2003] EWCA Crim 3449
Customs and Excise Management Act 1979 170(2)
Citing:

  • Cited – Regina v Newton CACD 1982
    Where there is a plea of guilty but there remains a conflict between the prosecution and defence as to the facts, the trial judge should approach the task of sentencing in one of three ways: a plea of not guilty can be entered to enable the jury to . .
    [1983] 77 Cr App R 13, (1982) 4 Cr App R (S) 388, [1983] Crim LR 198
  • Cited – Regina v Tolera CACD 7-Apr-1998
    A defendant asking to be sentenced on a factual basis other than the prosecution sought, should first put the basis in writing. Where the differences might affect sentence then a Newton hearing would be appropriate. Where a defendant’s account, as . .
    Times 28-Apr-98, [1998] EWCA Crim 1219, [1999] 1 Cr App R 29
  • Cited – Regina v Dosanjh CACD 1-May-1998
    In cases involving repeated, and continuing abuse of the personal import allowances system, courts should pay less attention to mitigating factors. The standards for prison terms for different values and the court gave giuidance as to when . .
    Gazette 03-Jun-98, Times 07-May-98, [1998] EWCA Crim 1450, [1998] 3 All ER 618, [1999] 1Cr App R (S)107, [1998] Crim LR 593, [1999] 1 Cr App R 371
  • Cited – Regina v Czyzewski; Regina v Bryan; Regina v Mitchell; Regina v Diafi; Regina v Ward CACD 16-Jul-2003
    The court set down detailed guidelines for sentencing for smuggling, but stated they were not to be treated as a straitjacket.
    Held: The principle factors will be the level of duty evaded, the sophistication of methods used, the defendant’s . .
    Times 25-Jul-03, [2004] 1 Cr App R (S) 49, [2003] EWCA Crim 2139, [2003] EWCA Crim 2305

These lists may be incomplete.
Updated: 09 December 2020; Ref: scu.188397