For eight offences of being concerned with the management of a company whilst an undischarged bankrupt, a sentence of nine months’ imprisonment was reduced to six months. There had been a breach of the order but there had been no dishonesty, and indeed any deficiency had been paid off after winding up, and there had been no previous offences of a similar kind, a possible aggravating feature. A submission that a sentence of imprisonment would be wrong in principle, where there was a plain flouting of the order but no dishonesty, was rejected. If the contravention had been flagrant, that is to say deliberate or reckless, a custodial sentence would in principle be appropriate.
Citations:
(1992) 13 Cr App R (S) 601
Jurisdiction:
England and Wales
Cited by:
Distinguished – Regina v Vandervell CACD 30-Oct-1997
The defendant had been convicted of being involved in the management of a company and of obtaining credit, whilst being an undischarged bankrupt.
Held: These were serious and repeated offences. The sentence of four years and three months . .
Applied – Regina v Smethurst CACD 1-Feb-1999
The defendant appealed a sentence of four months for being involved as an undischarged bankrupt in the management of a company.
Held: The sentence was appropriate. The behaviour was exaclty that sought to be prevented by the rules against . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing, Insolvency
Updated: 29 April 2022; Ref: scu.187452
