Howard, R. v [2007] EWCA Crim 1489 (02 May 2007)

The imposition of the maximum default term of three years for a confiscation order of £112,247.71 was manifestly excessive; a two-year default term is appropriate given the amount and circumstances.

Citation: [2007] EWCA Crim 1489
Parties: Prosecution: 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: Confiscation Order, Default Sentence, Theft, False Accounting, Obtaining Services by Deception

Criminal Law Confiscation Order Default Sentence Theft False Accounting Obtaining Services by Deception

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Parties

Regina

Prosecution

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 a confiscation order of £112,247.71 was manifestly excessive

Ratio Decidendi

The imposition of the maximum default term of three years for a confiscation order of £112,247.71 was manifestly excessive; a two-year default term is appropriate given the amount and circumstances.

Court Disposition

appeal allowed in part

Orders

quash the three-year default sentence
substitute a two-year default sentence in default of payment of the confiscation order