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
Summary, issues, holding and outcome
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Parties
Regina
Prosecutor
Michael Nathan Goldsmith
Appellant
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Legal Issues
- 1 Whether convictions under the Fraud Act 2006 for offences committed before its commencement are safe
- 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
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