Griffiths & Anor, R v

Griffiths & Anor, R v

Sentences imposed were higher than necessary given the one-off nature of the offending, lack of pattern, and professional consequences. Custodial sentences remain inevitable for breaches by professionals, but the appropriate terms are reduced to reflect mitigating factors.

Parties
Prosecution: Regina; Applicant: Philip Griffiths; Applicant: Leslie Dennis Pattison
Jurisdiction
England and Wales
Judgment Date
06 September 2006
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeals allowed in part; sentences reduced.
Legal Topics
Money Laundering, Failure to Disclose, Sentencing, Professional Misconduct
Criminal Law Money Laundering Failure to Disclose Sentencing Professional Misconduct

Case Brief

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Parties

Regina

Prosecution

Philip Griffiths

Applicant

Leslie Dennis Pattison

Applicant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed for money laundering and failure to disclose were excessive
  2. 2 Whether custodial sentences were inevitable for professional misconduct under the Proceeds of Crime Act 2002

Ratio Decidendi

Sentences imposed were higher than necessary given the one-off nature of the offending, lack of pattern, and professional consequences. Custodial sentences remain inevitable for breaches by professionals, but the appropriate terms are reduced to reflect mitigating factors.

Court Disposition

Appeals allowed in part; sentences reduced.

Orders

  • Sentence of three years' imprisonment for Pattison quashed and replaced with 27 months concurrent.
  • Sentence of 15 months' imprisonment for Griffiths quashed and replaced with six months.