Whittle & Ors, R. v

Whittle & Ors, R. v

Given the constraints imposed by US plea agreements and the applicants' cooperation, guilty pleas, and mitigation, the court substituted the sentences to match those agreed in the US plea agreements: 2½ years for Whittle, 2 years for Allison, and 20 months for Brammar.

Parties
Prosecution: Regina; Applicant: Peter Whittle; Applicant: Bryan Allison; Applicant: David Brammar
Jurisdiction
England and Wales
Judgment Date
14 November 2008
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Cartel Offence, Price Fixing, Bid Rigging, Sentencing, Enterprise Act 2002
Criminal Law Competition Law Cartel Offence Price Fixing Bid Rigging Sentencing Enterprise Act 2002

Case Brief

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Parties

Regina

Prosecution

Peter Whittle

Applicant

Bryan Allison

Applicant

David Brammar

Applicant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Appropriate sentencing for cartel offences under section 188 of the Enterprise Act 2002
  2. 2 Effect of plea agreements with US authorities on UK sentencing
  3. 3 Whether the sentences imposed were excessive given mitigation and cooperation

Ratio Decidendi

Given the constraints imposed by US plea agreements and the applicants' cooperation, guilty pleas, and mitigation, the court substituted the sentences to match those agreed in the US plea agreements: 2½ years for Whittle, 2 years for Allison, and 20 months for Brammar.

Court Disposition

appeal allowed

Orders

  • Leave to appeal granted.
  • Sentences substituted: 2½ years for Whittle, 2 years for Allison, 20 months for Brammar.