Atkinson, R. v [2009] EWCA Crim 1334 (09 June 2009)

Atkinson, R. v [2009] EWCA Crim 1334 (09 June 2009)

The original sentence of 12 years' imprisonment was excessive and not in line with established sentencing guidelines for frauds of similar scale; a total sentence of 6 years' imprisonment, reflecting the appellant's guilty plea and the totality principle, was appropriate.

Citation
[2009] EWCA Crim 1334
Parties
Prosecution: Regina; Appellant: David Anthony Atkinson
Jurisdiction
England and Wales
Judgment Date
09 June 2009
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Fraud, Sentencing, Money Transfer by Deception, Fraudulent Trading, Theft
Criminal Law Fraud Sentencing Money Transfer by Deception Fraudulent Trading Theft

Case Brief

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Parties

Regina

Prosecution

David Anthony Atkinson

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the sentence imposed was excessive for the offences committed
  2. 2 Appropriate sentencing guidelines for large-scale fraud and related offences

Ratio Decidendi

The original sentence of 12 years' imprisonment was excessive and not in line with established sentencing guidelines for frauds of similar scale; a total sentence of 6 years' imprisonment, reflecting the appellant's guilty plea and the totality principle, was appropriate.

Court Disposition

appeal allowed

Orders

  • Sentences on indictment T20080455 quashed and substituted with 12 months' imprisonment.
  • Sentences on indictment T20080456 counts 1-4 quashed and substituted with 3 years' imprisonment.