Nuthoo, R. v

Nuthoo, R. v

The costs order was wrong in principle and manifestly excessive because the court failed to properly consider the appellant's limited means and the legal requirements for enforcement and payment period.

Source-derived case information.

Parties
Prosecutor: Regina; Appellant: Mohamed Azrad Hossein Nuthoo
Jurisdiction
England and Wales
Judgment Date
05 October 2010
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence (costs Order)
Outcome
appeal allowed (costs order quashed)
Legal Topics
Costs Orders, Means Assessment, Sentencing, Housing Benefit Fraud
Criminal Law Costs Orders Means Assessment Sentencing Housing Benefit Fraud

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Prosecutor

Mohamed Azrad Hossein Nuthoo

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence (costs Order)

Legal Issues

  1. 1 Whether the costs order imposed was just and reasonable given the appellant's means
  2. 2 Whether the costs order was disproportionate and excessive in amount and payment period

Ratio Decidendi

The costs order was wrong in principle and manifestly excessive because the court failed to properly consider the appellant's limited means and the legal requirements for enforcement and payment period.

Court Disposition

appeal allowed (costs order quashed)

Orders

  • The costs order of £5,508 against the appellant is quashed.