Howard, R. v

The imposition of the maximum default term of three years for a confiscation order just over £100,000 was manifestly excessive; a two-year default term is appropriate.

Parties: Prosecutor: Regina; Appellant: David John Howard
Jurisdiction: England and Wales
Judgment Date: 02 May 2007
Procedural Posture: Criminal Appeal / Appeal Against Sentence (default Term on Confiscation Order)
Outcome: Appeal allowed in part
Legal Topics: Theft, False Accounting, Obtaining Services by Deception, Confiscation Orders, Sentencing

Criminal Law Theft False Accounting Obtaining Services by Deception Confiscation Orders Sentencing

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Parties

Regina

Prosecutor

David John Howard

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence (default Term on Confiscation Order)

Legal Issues

1 Whether the imposition of the maximum default term of three years for non-payment of a confiscation order of £112,247.71 was excessive

Ratio Decidendi

The imposition of the maximum default term of three years for a confiscation order just over £100,000 was manifestly excessive; a two-year default term is appropriate.

Court Disposition

Appeal allowed in part

Orders

Quash the three-year default term and substitute a two-year default term for the confiscation order