Atkinson, R. v

Atkinson, R. v

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 gravity of the offences, the appellant's guilty plea, and the totality principle, was appropriate.

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 given the guidelines for fraud
  2. 2 appropriate sentencing for multiple counts of fraud and theft
  3. 3 application of sentencing guidelines and totality principle

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 gravity of the offences, 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