Clark, R. v

Clark, R. v

The sentencing judge correctly applied the relevant guideline, appropriately elevated the harm category due to the victim's vulnerability, and imposed a sentence within the proper range; there was no arguable merit in the grounds of appeal.

Parties
Prosecutor: Regina; Applicant: Graham Clark
Jurisdiction
England and Wales
Judgment Date
02 March 2018
Procedural Posture
Criminal Appeal / Application for Extension of Time to Appeal Against Sentence
Outcome
application refused
Legal Topics
Fraud, Sentencing, Vulnerable Victims, Appeal Procedure
Criminal Law Fraud Sentencing Vulnerable Victims 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 1 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Regina

Prosecutor

Graham Clark

Applicant

Procedural Posture

Criminal Appeal / Application for Extension of Time to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether the sentencing judge erred in elevating harm category
  3. 3 Whether sufficient mitigation was considered

Ratio Decidendi

The sentencing judge correctly applied the relevant guideline, appropriately elevated the harm category due to the victim's vulnerability, and imposed a sentence within the proper range; there was no arguable merit in the grounds of appeal.

Court Disposition

application refused

Orders

  • application for extension of time to appeal against sentence refused