Awoyemi & Ors, R v

Awoyemi & Ors, R v

The sentencing judge set the starting point too high at seven years. An appropriate starting point was six years, considering the scale of the conspiracy, the actual loss established, and the roles of the appellants. Olufemi Awoyemi's lesser role and guilty plea justified a further reduction to five years. The appeals were allowed to the extent of reducing the sentences accordingly.

Parties
Prosecution: Regina; Appellant: Babatunde Awoyemi; Appellant: Tony Adepoju; Appellant: Olufemi Awoyemi
Jurisdiction
England and Wales
Judgment Date
22 July 2009
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeals allowed in part
Legal Topics
Conspiracy to Defraud, False Identity Documents, Sentencing
Criminal Law Conspiracy to Defraud False Identity Documents Sentencing

Case Brief

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Parties

Regina

Prosecution

Babatunde Awoyemi

Appellant

Tony Adepoju

Appellant

Olufemi Awoyemi

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed for conspiracy to defraud and related offences were manifestly excessive
  2. 2 Whether the sentencing judge properly considered the scale and seriousness of the conspiracy
  3. 3 Whether appropriate credit was given for guilty pleas and lesser roles

Ratio Decidendi

The sentencing judge set the starting point too high at seven years. An appropriate starting point was six years, considering the scale of the conspiracy, the actual loss established, and the roles of the appellants. Olufemi Awoyemi's lesser role and guilty plea justified a further reduction to five years. The appeals were allowed to the extent of reducing the sentences accordingly.

Court Disposition

appeals allowed in part

Orders

  • Sentence for Babatunde Awoyemi reduced from seven years to six years' imprisonment
  • Sentence for Tony Adepoju reduced from seven years to six years' imprisonment