Smale, R v

Smale, R v

Custodial sentences are merited for entering into an arrangement involving criminal proceeds, but the degree of knowledge, involvement, and absence of financial benefit justify reduction in sentence for both appellants.

Parties
Prosecutor: Regina; Appellant: Christopher Smale; Appellant: Ann Smale
Jurisdiction
England and Wales
Judgment Date
30 April 2008
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeals allowed in part
Legal Topics
Money Laundering, Sentencing, Proceeds of Crime Act
Criminal Law Money Laundering Sentencing Proceeds of Crime Act

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Parties

Regina

Prosecutor

Christopher Smale

Appellant

Ann Smale

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Appropriate sentence for entering into an arrangement contrary to section 328(1) of the Proceeds of Crime Act 2002
  2. 2 Extent of knowledge and benefit in money laundering offences

Ratio Decidendi

Custodial sentences are merited for entering into an arrangement involving criminal proceeds, but the degree of knowledge, involvement, and absence of financial benefit justify reduction in sentence for both appellants.

Court Disposition

appeals allowed in part

Orders

  • Ann Smale's sentence reduced to twelve months' imprisonment
  • Christopher Smale's sentence reduced to four months' imprisonment