Phillips, R v

Phillips, R v

The indictment properly reflected a single ongoing enterprise and the appellant's defence was a denial of involvement throughout. No error of law occurred in refusing to amend the indictment or in not giving a Brown direction. The judge was entitled to make findings of fact for sentencing and the sentence was not manifestly excessive or wrong in principle.

Parties
Prosecution: Regina; Appellant: Roy John Phillips
Jurisdiction
England and Wales
Judgment Date
26 March 2019
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
appeal dismissed
Legal Topics
Indictment Amendment, Jury Directions, Controlled Drugs, Money Laundering, Sentencing
Criminal Law Indictment Amendment Jury Directions Controlled Drugs Money Laundering Sentencing

Case Brief

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Parties

Regina

Prosecution

Roy John Phillips

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the refusal to amend the indictment or give a Brown direction rendered the conviction unsafe
  2. 2 Whether the sentence imposed was excessive or wrong in principle

Ratio Decidendi

The indictment properly reflected a single ongoing enterprise and the appellant's defence was a denial of involvement throughout. No error of law occurred in refusing to amend the indictment or in not giving a Brown direction. The judge was entitled to make findings of fact for sentencing and the sentence was not manifestly excessive or wrong in principle.

Court Disposition

appeal dismissed

Orders

  • Conviction upheld
  • Sentence upheld