O'Brien, R v [2012] EWCA Crim 518 (1 March 2012)

O'Brien, R v [2012] EWCA Crim 518 (1 March 2012)

The sentence for conspiracy to defraud was excessive given the proper application of the sentencing guidelines and aggravating features; a sentence of six years is appropriate, with other sentences to remain concurrent.

Citation
[2012] EWCA Crim 518
Parties
Prosecution: Regina; Appellant: Christopher Raymon O'Brien
Jurisdiction
England and Wales
Judgment Date
01 March 2012
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Conspiracy to Defraud, Affray, Sentencing Guidelines, Aggravating Factors, Totality Principle
Criminal Law Conspiracy to Defraud Affray Sentencing Guidelines Aggravating Factors Totality Principle

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Parties

Regina

Prosecution

Christopher Raymon O'Brien

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for conspiracy to defraud was excessive in light of the sentencing guidelines and aggravating factors
  2. 2 Whether the sentences for affray and related driving offence should run concurrently or consecutively

Ratio Decidendi

The sentence for conspiracy to defraud was excessive given the proper application of the sentencing guidelines and aggravating features; a sentence of six years is appropriate, with other sentences to remain concurrent.

Court Disposition

appeal allowed in part

Orders

  • Sentence of seven years and two months for conspiracy to defraud quashed and substituted with six years' imprisonment
  • Other sentences and orders to remain and run concurrently