Goldsmith, R. v

Goldsmith, R. v

Convictions under the Fraud Act 2006 for acts committed before its commencement are unsafe and must be quashed; convictions for acts after commencement are safe. The sentence imposed was not manifestly excessive given the aggravating factors and previous convictions.

Parties
Prosecutor: Regina; Appellant: Michael Nathan Goldsmith
Jurisdiction
England and Wales
Judgment Date
15 July 2009
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
convictions on counts 7 and 18 quashed; remaining convictions and sentences upheld; renewed application for leave to appeal against sentence refused
Legal Topics
Fraud, Appeal Against Conviction, Appeal Against Sentence, Retrospective Application of Statute

Case Brief

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Parties

Regina

Prosecutor

Michael Nathan Goldsmith

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

  1. 1 Whether convictions under the Fraud Act 2006 for offences committed before its commencement are safe
  2. 2 Whether the sentence imposed was manifestly excessive

Ratio Decidendi

Convictions under the Fraud Act 2006 for acts committed before its commencement are unsafe and must be quashed; convictions for acts after commencement are safe. The sentence imposed was not manifestly excessive given the aggravating factors and previous convictions.

Court Disposition

convictions on counts 7 and 18 quashed; remaining convictions and sentences upheld; renewed application for leave to appeal against sentence refused

Orders

  • Convictions on counts 7 and 18 quashed
  • Sentences on remaining counts unaltered