Brown, R. v

Brown, R. v

It was wrong in principle to make the order for costs in the absence of evidence that the appellant would have the means to pay it within six months of release from imprisonment.

Source-derived case information.

Parties
Prosecution: Regina; Appellant: Alan Lee Brown
Jurisdiction
England and Wales
Judgment Date
29 October 2013
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Costs in Criminal Proceedings, Victim Surcharge, Financial Penalties
Criminal Law Costs in Criminal Proceedings Victim Surcharge Financial Penalties

Source-derived case record

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Parties

Regina

Prosecution

Alan Lee Brown

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether it was wrong in principle to make an order for costs against the appellant without evidence of means to pay
  2. 2 Whether the judge ought to have ordered payment of a victim surcharge

Ratio Decidendi

It was wrong in principle to make the order for costs in the absence of evidence that the appellant would have the means to pay it within six months of release from imprisonment.

Court Disposition

appeal allowed in part

Orders

  • Order for costs in the sum of £450 quashed
  • Order for payment of a victim surcharge of £100 made