Adewunmi, R v

Adewunmi, R v

Although the breaches of the restraining order were deliberate, sustained, and serious, the sentence of 18 months' imprisonment was excessive. Taking into account the appellant's admissions, partial repatriation of funds, and the overall circumstances, a sentence of 12 months' imprisonment is appropriate and will be substituted.

Parties
Prosecution: Regina; Appellant: Robert Morayo Adewunmi
Jurisdiction
England and Wales
Judgment Date
14 January 2008
Procedural Posture
Criminal Appeal / Appeal Against Sentence for Contempt of Court
Outcome
appeal allowed in part
Legal Topics
Breach of Restraining Order, Sentencing, Fraudulent Trading, Removal of Criminal Property

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Robert Morayo Adewunmi

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence for Contempt of Court

  1. 1 Whether the sentence of 18 months' imprisonment for contempt of court (breach of restraining order) was manifestly excessive
  2. 2 Appropriate sentencing principles for deliberate and sustained breaches of restraining orders in proceeds of crime cases

Ratio Decidendi

Although the breaches of the restraining order were deliberate, sustained, and serious, the sentence of 18 months' imprisonment was excessive. Taking into account the appellant's admissions, partial repatriation of funds, and the overall circumstances, a sentence of 12 months' imprisonment is appropriate and will be substituted.

Court Disposition

appeal allowed in part

Orders

  • Sentence for contempt of court reduced from 18 months to 12 months' imprisonment, to run consecutively to other sentences.