Mankowski, R. v

The sentence of 12 months was excessive given the modest sum, the legitimate origin of the claim, and the absence of previous convictions for similar offences; a four month sentence was substituted.

Parties: Respondent: Regina; Appellant: Leslie Christopher Mankowski
Jurisdiction: England and Wales
Judgment Date: 01 May 2008
Procedural Posture: Criminal Appeal / Appeal Against Sentence
Outcome: appeal allowed in part
Legal Topics: Dishonesty Offences, Benefit Fraud, Sentencing

Criminal Law Dishonesty Offences Benefit Fraud Sentencing

Case Brief

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Parties

Regina

Respondent

Leslie Christopher Mankowski

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

1 Whether the sentence of 12 months' imprisonment, suspended for 18 months, with a four month curfew for dishonestly failing to notify a change in circumstances affecting entitlement to income support was excessive

Ratio Decidendi

The sentence of 12 months was excessive given the modest sum, the legitimate origin of the claim, and the absence of previous convictions for similar offences; a four month sentence was substituted.

Court Disposition

appeal allowed in part

Orders

Sentence of 12 months suspended imprisonment substituted with a sentence of four months