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
Legal Issues
- 1 Whether the sentence of 18 months' imprisonment for contempt of court (breach of restraining order) was manifestly excessive
- 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.
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