O'Brien, R v

O'Brien, R v

The sentence for conspiracy to defraud was reduced from seven years and two months to six years' imprisonment as the appropriate starting point, after considering aggravating features and limited credit for a late guilty plea, should have been six years, with other sentences to remain concurrent.

Parties
Prosecutor: Regina; Appellant: Christopher Raymon O'Brien
Jurisdiction
England and Wales
Judgment Date
01 March 2012
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
sentence reduced on appeal
Legal Topics
Conspiracy to Defraud, Affray, Sentencing Guidelines, Aggravating Factors, Credit for Guilty Plea, Totality Principle
Criminal Law Conspiracy to Defraud Affray Sentencing Guidelines Aggravating Factors Credit for Guilty Plea Totality Principle

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecutor

Christopher Raymon O'Brien

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in applying the sentencing guidelines for conspiracy to defraud
  2. 2 Whether the sentence imposed was manifestly excessive given the aggravating and mitigating factors

Ratio Decidendi

The sentence for conspiracy to defraud was reduced from seven years and two months to six years' imprisonment as the appropriate starting point, after considering aggravating features and limited credit for a late guilty plea, should have been six years, with other sentences to remain concurrent.

Court Disposition

sentence reduced on appeal

Orders

  • Sentence for conspiracy to defraud reduced to six years' imprisonment
  • All other sentences and orders to remain and run concurrently