Pollett & Ors v R.

Pollett & Ors v R.

Pollett should not have two convictions for offences reflecting the same criminality; the conviction on count 2 is quashed as it is otiose. The sentence for Pollett is reduced to reflect full credit for time spent in custody abroad. The sentences for Hirst and Linda Hirst are upheld as appropriate given the scale and aggravating features of their offending.

Parties
Appellant: Richard John Pollett; Appellant: John Neil Hirst; Appellant: Linda Christine Hirst; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
26 March 2013
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Pollett's conviction on count 2 quashed; sentence reduced. Hirst's and Linda Hirst's appeals dismissed.
Legal Topics
Conspiracy to Defraud, Money Laundering, Making Misleading Statements, Sentencing, Procedural Irregularity
Criminal Law Fraud Money Laundering Conspiracy to Defraud Making Misleading Statements Sentencing Procedural Irregularity

Case Brief

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Parties

Richard John Pollett

Appellant

John Neil Hirst

Appellant

Linda Christine Hirst

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether it was procedurally correct to take verdicts on both counts 1 and 2 against Pollett
  2. 2 Whether the convictions on counts 1 and 2 were inconsistent or alternatives
  3. 3 Whether the sentences imposed were manifestly excessive or failed to account for mitigation

Ratio Decidendi

Pollett should not have two convictions for offences reflecting the same criminality; the conviction on count 2 is quashed as it is otiose. The sentence for Pollett is reduced to reflect full credit for time spent in custody abroad. The sentences for Hirst and Linda Hirst are upheld as appropriate given the scale and aggravating features of their offending.

Court Disposition

Pollett's conviction on count 2 quashed; sentence reduced. Hirst's and Linda Hirst's appeals dismissed.

Orders

  • Conviction on count 2 against Pollett quashed.
  • Pollett's sentence reduced from six years six months to six years.