Price v Cheshire East Borough Council

Price v Cheshire East Borough Council

The Justices erred in law by relying on sentencing guidelines for fraud offences, which require dishonesty, when the offences charged under the Consumer Protection from Unfair Trading Regulations 2008 do not. The matter must be reconsidered by the Justices on a proper legal basis, without reference to inapplicable guidelines.

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
Outcome
Appeal allowed; matter remitted to Justices for reconsideration
Legal Topics
Mode of Trial, Sentencing Guidelines, Consumer Protection From Unfair Trading Regulations 2008, Jurisdiction of Magistrates' Court
Criminal Law Consumer Protection 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

Legal Issues

  1. 1 Whether Justices erred in law by applying fraud sentencing guidelines to offences under the Consumer Protection from Unfair Trading Regulations 2008
  2. 2 Whether the Justices' decision to decline jurisdiction was based on a proper legal basis
  3. 3 Whether the offences charged justified committal to the Crown Court

Ratio Decidendi

The Justices erred in law by relying on sentencing guidelines for fraud offences, which require dishonesty, when the offences charged under the Consumer Protection from Unfair Trading Regulations 2008 do not. The matter must be reconsidered by the Justices on a proper legal basis, without reference to inapplicable guidelines.

Court Disposition

Appeal allowed; matter remitted to Justices for reconsideration

Orders

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