Stone, R. v

Stone, R. v

The sentence of 12 months' imprisonment was not manifestly excessive given the seriousness, duration, and method of the fraud, and the credit for guilty plea was appropriate. The victim surcharge order of £100 was unlawful as the sentence did not include a fine and must be quashed.

Parties
Prosecutor: Regina; Applicant: David Stone
Jurisdiction
England and Wales
Judgment Date
25 April 2013
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Benefit Fraud, Sentencing, Victim Surcharge Order, Appeal Procedure
Criminal Law Benefit Fraud Sentencing Victim Surcharge Order Appeal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Regina

Prosecutor

David Stone

Applicant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether the victim surcharge order was lawfully imposed

Ratio Decidendi

The sentence of 12 months' imprisonment was not manifestly excessive given the seriousness, duration, and method of the fraud, and the credit for guilty plea was appropriate. The victim surcharge order of £100 was unlawful as the sentence did not include a fine and must be quashed.

Court Disposition

appeal allowed in part

Orders

  • victim surcharge order of £100 quashed
  • sentence of 12 months' imprisonment upheld