Aguilar, R. v

Aguilar, R. v

The sentence of two-and-a-half years was manifestly excessive given the appellant's limited culpability, the sum involved, and significant mitigating factors. The appropriate sentence after credit for plea was thirteen months' imprisonment, which must be served immediately given the seriousness of the offence and the real harm caused.

Parties
Prosecution: Regina; Appellant: Cory Aguilar
Jurisdiction
England and Wales
Judgment Date
16 November 2018
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed; sentence reduced
Legal Topics
Proceeds of Crime, Sentencing, Fraud, Cybercrime
Criminal Law Proceeds of Crime Sentencing Fraud Cybercrime

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Cory Aguilar

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive given the appellant's role and the harm caused
  2. 2 Proper categorization of culpability and harm under the Sentencing Guidelines for converting criminal property

Ratio Decidendi

The sentence of two-and-a-half years was manifestly excessive given the appellant's limited culpability, the sum involved, and significant mitigating factors. The appropriate sentence after credit for plea was thirteen months' imprisonment, which must be served immediately given the seriousness of the offence and the real harm caused.

Court Disposition

appeal allowed; sentence reduced

Orders

  • Original sentence of two-and-a-half years' imprisonment quashed
  • Substituted sentence of thirteen months' imprisonment imposed