Splain, R. v

Splain, R. v

It was wrong in principle for the judge to order the totality of costs against the appellant when convicted on only three counts; fairness and proportionality require a reduction in the costs order.

Parties
Prosecution: Regina; Appellant: Andrew Matthew Splain
Jurisdiction
England and Wales
Judgment Date
12 January 2010
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Costs Orders, Trade Mark Offences, Sentencing
Criminal Law Costs Orders Trade Mark Offences Sentencing

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Parties

Regina

Prosecution

Andrew Matthew Splain

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether it was just and reasonable to order the appellant to pay the full prosecution costs despite conviction on only three counts
  2. 2 Appropriate reduction of costs order in light of acquittals on multiple counts

Ratio Decidendi

It was wrong in principle for the judge to order the totality of costs against the appellant when convicted on only three counts; fairness and proportionality require a reduction in the costs order.

Court Disposition

appeal allowed in part

Orders

  • Costs order reduced to £10,000 payable within 12 months from 27 July 2009, by 26 July 2010.