R v Michael O’Brien

R v Michael O’Brien

The recorder's decision to make no reduction for totality was one he could properly make given the substantial interval between the two groups of offences. The total sentence, though stiff, was not wrong in principle or manifestly excessive.

Parties
Appellant: Michael O’Brien; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Fraud, Money Laundering, Sentencing, Totality Principle
Criminal Law Fraud Money Laundering Sentencing Totality Principle

Case Brief

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Parties

Michael O’Brien

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the total sentence imposed was manifestly excessive or wrong in principle
  2. 2 Whether the recorder erred in failing to make a reduction for totality
  3. 3 Whether there was double counting in sentencing

Ratio Decidendi

The recorder's decision to make no reduction for totality was one he could properly make given the substantial interval between the two groups of offences. The total sentence, though stiff, was not wrong in principle or manifestly excessive.

Court Disposition

appeal dismissed