REGINA v MARK FOLEY

REGINA v MARK FOLEY

The Judge was entitled to place culpability and harm at the higher end under the Guideline, and the sentence imposed was well within the relevant range and not manifestly excessive given the facts and aggravating factors.

Parties
Prosecutor: Regina; Applicant: Mark Foley
Jurisdiction
England and Wales
Judgment Date
02 November 2021
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence
Outcome
application refused
Legal Topics
Sentencing, Environmental Offences, False Statements, Waste Management

Case Brief

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Parties

Regina

Prosecutor

Mark Foley

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence

  1. 1 Whether the sentence imposed was manifestly excessive for environmental offences involving unlawful waste disposal and making false statements
  2. 2 Proper categorisation of harm and culpability under the Sentencing Council Guideline for Environmental Offences

Ratio Decidendi

The Judge was entitled to place culpability and harm at the higher end under the Guideline, and the sentence imposed was well within the relevant range and not manifestly excessive given the facts and aggravating factors.

Court Disposition

application refused