R v Emily Ellwood

R v Emily Ellwood

The compensation order imposed was not realistic given the appellant's financial circumstances and ability to pay; the order was quashed and substituted with a reduced amount that could be repaid within a reasonable period.

Source-derived case information.

Parties
Prosecution: Rex; Appellant: Emily Ellwood
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Fraud, Sentencing, Compensation Orders
Criminal Law Fraud Sentencing Compensation Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

Rex

Prosecution

Emily Ellwood

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the compensation order imposed was manifestly excessive and realistic given the appellant's financial circumstances

Ratio Decidendi

The compensation order imposed was not realistic given the appellant's financial circumstances and ability to pay; the order was quashed and substituted with a reduced amount that could be repaid within a reasonable period.

Court Disposition

appeal allowed in part

Orders

  • The original compensation order of £12,261 is quashed.
  • A new compensation order of £900 is substituted, to be paid at £25 per month over three years.