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.
Judges:
Lord Justice Potter Mr Justice Cresswell Mr Justice Jack
Citations:
[2003] EWCA Crim 3449
Statutes:
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 . .
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 . .
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 . .
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 . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing, Customs and Excise
Updated: 12 May 2022; Ref: scu.188397