Dosanjh & Ors v R.

Dosanjh & Ors v R.

Parliament has expressly retained the common law offence of cheating the public revenue with penalty at large for the most serious cases; sentences imposed were not wrong in principle but the starting point for Dosanjh was too high given the absence of aggravating features present in comparable cases; adjustments to sentences for all appellants are warranted.

Parties
1st Appellant: Sandeep Dosanjh; 2nd Appellant: Navdeep Gill; 3rd Appellant: Ranjot Chahal; Respondent: R
Jurisdiction
England and Wales
Judgment Date
17 December 2013
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeals allowed in part; sentences reduced.
Legal Topics
VAT Fraud, Conspiracy to Cheat Public Revenue, Sentencing, Disparity, Common Law Vs Statutory Offences
Criminal Law Revenue Law VAT Fraud Conspiracy to Cheat Public Revenue Sentencing Disparity Common Law Vs Statutory Offences

Case Brief

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Parties

Sandeep Dosanjh

1st Appellant

Navdeep Gill

2nd Appellant

Ranjot Chahal

3rd Appellant

R

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether sentences imposed for conspiracy to cheat public revenue were wrong in principle due to exceeding statutory maxima for comparable offences
  2. 2 Whether sentences were manifestly excessive given the facts and sentencing guidelines
  3. 3 Whether there was unjustified disparity between sentences for Gill and Chahal

Ratio Decidendi

Parliament has expressly retained the common law offence of cheating the public revenue with penalty at large for the most serious cases; sentences imposed were not wrong in principle but the starting point for Dosanjh was too high given the absence of aggravating features present in comparable cases; adjustments to sentences for all appellants are warranted.

Court Disposition

Appeals allowed in part; sentences reduced.

Orders

  • Dosanjh’s sentence reduced to 13 years imprisonment
  • Gill’s sentence reduced to 10 years imprisonment