Bright, R v

Bright, R v

The maximum sentence for conspiracy to defraud is 10 years' imprisonment, not 7. The sentence of 7 years was not manifestly excessive or wrong in principle given the scale, duration, and consequences of the fraud, and the appellant's leading role. Personal mitigation and delay did not warrant a reduction.

Parties
Respondent: R; Appellant: Michael John Bright
Jurisdiction
England and Wales
Judgment Date
06 March 2008
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal dismissed
Legal Topics
Conspiracy to Defraud, Fraudulent Trading, Sentencing Principles, Company Directors' Liability
Criminal Law Company Law Conspiracy to Defraud Fraudulent Trading Sentencing Principles Company Directors' Liability

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Parties

R

Respondent

Michael John Bright

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the maximum sentence for conspiracy to defraud should be 7 or 10 years' imprisonment
  2. 2 Whether the sentence imposed was manifestly excessive or wrong in principle
  3. 3 Whether personal mitigation or delay warranted a reduction in sentence

Ratio Decidendi

The maximum sentence for conspiracy to defraud is 10 years' imprisonment, not 7. The sentence of 7 years was not manifestly excessive or wrong in principle given the scale, duration, and consequences of the fraud, and the appellant's leading role. Personal mitigation and delay did not warrant a reduction.

Court Disposition

Appeal dismissed

Orders

  • Sentence of 7 years' imprisonment on each count to run concurrently upheld
  • No reduction for delay or personal mitigation