Lunn, R v
The indictment was not duplicitous and properly alleged a course of conduct; the judge's trial management and directions were fair and adequate; the sentence was appropriately based on the overall harm and culpability, not limited to three transactions; there was no error in conviction or sentence.
- Parties
- Respondent: The Queen; Appellant: Christopher Lunn
- Jurisdiction
- England and Wales
- Judgment Date
- 10 February 2017
- Procedural Posture
- Criminal Appeal / Appeal Against Conviction and Sentence
- Outcome
- Appeal dismissed
- Legal Topics
- Cheating the Revenue, Indictment Particularity, Duplicity, Sentencing Guidelines, Trial Management, Dishonesty, Loss to Revenue
Case Brief
Summary, issues, holding and outcome
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Parties
The Queen
Respondent
Christopher Lunn
Appellant
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Legal Issues
- 1 Whether the indictment was duplicitous or lacked sufficient particularity
- 2 Whether the trial process was unfair due to the number of transactions and period covered
- 3 Whether the judge's directions on knowledge, participation, and loss were adequate
Ratio Decidendi
The indictment was not duplicitous and properly alleged a course of conduct; the judge's trial management and directions were fair and adequate; the sentence was appropriately based on the overall harm and culpability, not limited to three transactions; there was no error in conviction or sentence.
Court Disposition
Appeal dismissed
Orders
- Conviction on counts 1-4 upheld
- Sentence of 5 years' imprisonment upheld
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