Rudd, R v [2017] EWCA Crim 2446 (12 December 2017)

Rudd, R v [2017] EWCA Crim 2446 (12 December 2017)

The sentencing judge was correct to apply the Sentencing Council Guidelines, properly assessed the appellant's culpability and harm, and there was no objectionable disparity with the sentences of co-defendants. The sentence imposed was within the appropriate range and reflected the seriousness of the offences and...

Source-derived case information.

Citation
[2017] EWCA Crim 2446
Parties
Prosecution: Regina; Appellant: Andrew John Rudd
Jurisdiction
England and Wales
Judgment Date
12 December 2017
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sentencing, Conspiracy to Defraud, Perverting the Course of Justice, Sentencing Guidelines, Disparity in Sentencing
Criminal Law Sentencing Conspiracy to Defraud Perverting the Course of Justice Sentencing Guidelines Disparity in Sentencing

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Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Andrew John Rudd

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in applying the Sentencing Council Guidelines for Fraud and Bribery and Money Laundering offences
  2. 2 Whether there was objectionable disparity between the appellant's sentence and those of co-defendants
  3. 3 Whether the starting point for the car wash offence was too high given the appellant's culpability and role

Ratio Decidendi

The sentencing judge was correct to apply the Sentencing Council Guidelines, properly assessed the appellant's culpability and harm, and there was no objectionable disparity with the sentences of co-defendants. The sentence imposed was within the appropriate range and reflected the seriousness of the offences and aggravating features.

Court Disposition

appeal dismissed