R v Mark Gould

R v Mark Gould

The sentences imposed were not manifestly excessive. The calculation of loss based on legitimate subscription income was appropriate given the scale and nature of the fraud. Consecutive sentences were justified due to the existence of two separate conspiracies with different methods and participants, and the judge properly considered totality to ensure a proportionate overall sentence.

Parties
Appellant: Mark Gould; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
14 June 2024
Procedural Posture
Criminal Appeal / Judgment on Renewed Application for Leave to Appeal Against Sentence and Appeal Against Sentence for Contempt
Outcome
Appeal dismissed; renewed application for leave to appeal against sentence refused; appeal against sentence for contempt dismissed.
Legal Topics
Conspiracy to Defraud, Sentencing, Contempt of Court, Copyright Infringement, Calculation of Loss, Totality Guideline
Criminal Law Conspiracy to Defraud Sentencing Contempt of Court Copyright Infringement Calculation of Loss Totality Guideline

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Parties

Mark Gould

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Renewed Application for Leave to Appeal Against Sentence and Appeal Against Sentence for Contempt

Legal Issues

  1. 1 Whether the sentence imposed for conspiracy to defraud and contempt of court was manifestly excessive
  2. 2 Whether the calculation of loss for sentencing was correct in principle
  3. 3 Whether consecutive sentences were appropriate under the totality guideline

Ratio Decidendi

The sentences imposed were not manifestly excessive. The calculation of loss based on legitimate subscription income was appropriate given the scale and nature of the fraud. Consecutive sentences were justified due to the existence of two separate conspiracies with different methods and participants, and the judge properly considered totality to ensure a proportionate overall sentence.

Court Disposition

Appeal dismissed; renewed application for leave to appeal against sentence refused; appeal against sentence for contempt dismissed.