Kirtland R. v

Kirtland R. v

The sentencing judge failed to follow the proper sentencing process, did not consider the relevant guidelines or make inquiries into the appellant's financial circumstances, and imposed a fine disproportionate to the offence and the appellant's means. The appropriate fine is £5,000 per count, totaling £20,000.

Parties
Prosecutor: Regina; Appellant: Jonathan Kirtland
Jurisdiction
England and Wales
Judgment Date
10 October 2012
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed in part; fine reduced
Legal Topics
Fraud, Sentencing, Fines, Proceeds of Crime
Criminal Law Fraud Sentencing Fines Proceeds of Crime

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecutor

Jonathan Kirtland

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the fine imposed was manifestly excessive
  2. 2 Whether the sentencing judge followed proper sentencing guidelines and statutory requirements
  3. 3 Whether the appellant's financial circumstances were properly considered

Ratio Decidendi

The sentencing judge failed to follow the proper sentencing process, did not consider the relevant guidelines or make inquiries into the appellant's financial circumstances, and imposed a fine disproportionate to the offence and the appellant's means. The appropriate fine is £5,000 per count, totaling £20,000.

Court Disposition

Appeal allowed in part; fine reduced

Orders

  • Fine reduced to £5,000 per count, total £20,000 to be paid within 12 months
  • Default payment of three months' imprisonment per count, to be served consecutively if not paid