REGINA v GARY STEVEN BLAKE

REGINA v GARY STEVEN BLAKE

The sentence imposed was too high given the quantum of loss (£40,000) and substantial mitigating factors; the proper sentence was 26 months' imprisonment, not 33 months, but the seriousness of the offence precluded suspension.

Parties
Prosecution: Regina; Appellant: Gary Steven Blake
Jurisdiction
England and Wales
Judgment Date
29 June 2022
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Fraud, Sentencing, Mitigation, Suspended Sentence, Public Purse
Criminal Law Fraud Sentencing Mitigation Suspended Sentence Public Purse

Case Brief

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Parties

Regina

Prosecution

Gary Steven Blake

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the trial judge took too high a starting point under the Sentencing Council guideline for fraud
  2. 2 Whether sufficient credit was given for substantial mitigation
  3. 3 Whether the sentence should have been suspended

Ratio Decidendi

The sentence imposed was too high given the quantum of loss (£40,000) and substantial mitigating factors; the proper sentence was 26 months' imprisonment, not 33 months, but the seriousness of the offence precluded suspension.

Court Disposition

appeal allowed in part

Orders

  • Sentence of 2 years 9 months quashed
  • Concurrent sentences of 26 months' imprisonment substituted on each count