Price v Cheshire East Borough Council [2012] EWHC 2927 (Admin) (11 October 2012)

Price v Cheshire East Borough Council [2012] EWHC 2927 (Admin) (11 October 2012)

It was wrong in law for the Magistrates to apply sentencing guidelines for fraud offences, which require dishonesty, to offences under the Consumer Protection from Unfair Trading Regulations 2008, which do not. The matter must be reconsidered by the Magistrates on a proper legal basis.

Citation
[2012] EWHC 2927 (Admin)
Parties
Claimant: Crimea Price; Defendant: Cheshire East Borough Council
Jurisdiction
England and Wales
Judgment Date
11 October 2012
Procedural Posture
Appeal by Way of Case Stated / Judgment on Appeal From Magistrates' Decision to Commit for Trial
Outcome
Appeal allowed; matter remitted to Magistrates for reconsideration
Legal Topics
Mode of Trial, Sentencing Guidelines, Consumer Protection From Unfair Trading Regulations 2008, Jurisdiction of Magistrates' Court
Criminal Law Consumer Protection Judicial Review Mode of Trial Sentencing Guidelines Consumer Protection From Unfair Trading Regulations 2008 Jurisdiction of Magistrates' Court

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Parties

Crimea Price

Claimant

Cheshire East Borough Council

Defendant

Procedural Posture

Appeal by Way of Case Stated / Judgment on Appeal From Magistrates' Decision to Commit for Trial

Legal Issues

  1. 1 Whether Magistrates erred in law by applying fraud sentencing guidelines to offences under Consumer Protection from Unfair Trading Regulations 2008
  2. 2 Whether the Magistrates' Court had sufficient sentencing powers for the alleged offences
  3. 3 Appropriate approach to analogous sentencing guidelines where no specific guideline exists

Ratio Decidendi

It was wrong in law for the Magistrates to apply sentencing guidelines for fraud offences, which require dishonesty, to offences under the Consumer Protection from Unfair Trading Regulations 2008, which do not. The matter must be reconsidered by the Magistrates on a proper legal basis.

Court Disposition

Appeal allowed; matter remitted to Magistrates for reconsideration

Orders

  • Matter remitted to Magistrates for reconsideration on proper legal basis
  • Order for costs out of Central Funds to be made by Divisional Court