De Oliveira, R. v

De Oliveira, R. v

The sentence imposed exceeded what was appropriate for an offence under Section 5(2) of the Forgery and Counterfeiting Act 1981, which carries a maximum of two years' imprisonment; the correct approach distinguishes between aggravated and non-aggravated offences.

Parties
Prosecution: Regina; Appellant: Fabio De Oliveira
Jurisdiction
England and Wales
Judgment Date
22 November 2005
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Sentencing, Forgery, False Instruments
Criminal Law Sentencing Forgery False Instruments

Case Brief

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Parties

Regina

Prosecution

Fabio De Oliveira

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the sentence imposed for possession of a false instrument under Section 5(2) of the Forgery and Counterfeiting Act 1981 was excessive

Ratio Decidendi

The sentence imposed exceeded what was appropriate for an offence under Section 5(2) of the Forgery and Counterfeiting Act 1981, which carries a maximum of two years' imprisonment; the correct approach distinguishes between aggravated and non-aggravated offences.

Court Disposition

appeal allowed

Orders

  • Sentence of 15 months' imprisonment quashed
  • Substituted sentence of 8 months' imprisonment