O'Hanlon, R. v [2007] EWCA Crim 3074 (01 November 2007)

O'Hanlon, R. v [2007] EWCA Crim 3074 (01 November 2007)

The sentence of 18 months' imprisonment was not manifestly excessive given the aggravating and mitigating factors, but the ten-year director disqualification was excessive and should be reduced to seven years. The order for payment of prosecution costs was inappropriate due to the appellant's lack of realisable...

Source-derived case information.

Citation
[2007] EWCA Crim 3074
Parties
Prosecution: Regina; Appellant: Mark O'Hanlon
Jurisdiction
England and Wales
Judgment Date
01 November 2007
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Misleading Statements, Director Disqualification, Prosecution Costs, Sentencing Guidelines
Criminal Law Financial Regulation Company Law Misleading Statements Director Disqualification Prosecution Costs Sentencing Guidelines

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Parties

Regina

Prosecution

Mark O'Hanlon

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of 18 months' imprisonment was manifestly excessive
  2. 2 Appropriateness of ten-year director disqualification
  3. 3 Appropriateness of prosecution costs order

Ratio Decidendi

The sentence of 18 months' imprisonment was not manifestly excessive given the aggravating and mitigating factors, but the ten-year director disqualification was excessive and should be reduced to seven years. The order for payment of prosecution costs was inappropriate due to the appellant's lack of realisable assets and limited earning capacity, and should be quashed.

Court Disposition

appeal allowed in part

Orders

  • Director disqualification reduced to seven years
  • Order for payment of prosecution costs quashed