O'Hanlon, R. v

O'Hanlon, R. v

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

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

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecutor

Mark O'Hanlon

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of 18 months' imprisonment was manifestly excessive
  2. 2 Whether the period of director disqualification was excessive
  3. 3 Whether the order for payment of prosecution costs was appropriate

Ratio Decidendi

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

Court Disposition

appeal allowed in part

Orders

  • director disqualification reduced to seven years
  • order for payment of prosecution costs quashed