Morgan, R. v

The sentence of seven years was not manifestly excessive given the gravity, persistence, and amounts involved in the offending, despite substantial mitigation including repayment of stolen funds.

Parties: Prosecution: Regina; Appellant: Simon Morgan
Jurisdiction: England and Wales
Judgment Date: 10 November 2011
Procedural Posture: Criminal Appeal / Appeal Against Sentence
Outcome: appeal dismissed
Legal Topics: Sentencing, Fraud, Mitigation

Criminal Law Sentencing Fraud Mitigation

Case Brief

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Parties

Regina

Prosecution

Simon Morgan

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

1 Whether the seven-year sentence imposed for theft and fraud by a solicitor was manifestly excessive given the mitigation presented

Ratio Decidendi

The sentence of seven years was not manifestly excessive given the gravity, persistence, and amounts involved in the offending, despite substantial mitigation including repayment of stolen funds.

Court Disposition

appeal dismissed

Orders

sentence of seven years upheld