The appellant had been convicted of VAT fraud. His company collected sums for charity but hid substantial receipts. He appealed his sentence on the grounds of disparity with his co-defendants. The fraud was substantial and organised.
Held: The sentence on this defendant was not disproportionate (applying the test in Fawcett). Indeed, the problem was not the severity of this sentence bur rather the lower sentences imposed on his co-defendants. Appeal dismissed.
Judges:
Lord Justice May Mr Justice Roderick Evans His Honour Judge Roberts Qc
Citations:
[2003] EWCA Crim 3481, [2004] 2 All ER 63, Times 08-Dec-2003, [2004] 1 WLR 1587
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Fawcett CACD 1983
The test which to be applied when considering questions of disparity in sentencing between defendants is whether ‘right-thinking members of the public, with full knowledge of all the relevant facts and circumstances, learning of this sentence, . .
Cited – Sekhon, etc v Regina CACD 16-Dec-2002
The defendants appealed against confiscation orders on the basis that in various ways, the Crown had failed to comply with procedural requirements.
Held: The courts must remember the importance of such procedures in the fight against crime, . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 11 June 2022; Ref: scu.188413
