Cooper & Ors, R. v [2023] EWCA Crim 945 (04 August 2023)

Cooper & Ors, R. v [2023] EWCA Crim 945 (04 August 2023)

Consecutive sentences for offences under the Proceeds of Crime Act 2002 are justified where those offences involve additional culpability or harm beyond the underlying offences. The totality principle requires that the overall sentence be just and proportionate, with appropriate adjustments for concurrent or consecutive sentences. The sentences imposed in these cases were not manifestly excessive and reflected the seriousness and distinctiveness of the criminal conduct.

Citation
[2023] EWCA Crim 945
Parties
Respondent: Rex; Appellant: Steven Cooper; Appellant: David Park; Appellant: Tejay Fletcher
Jurisdiction
England and Wales
Judgment Date
04 August 2023
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeals dismissed
Legal Topics
Sentencing, Proceeds of Crime Act 2002, Totality Principle, Money Laundering, Fraud, Cheating the Revenue, Drug Offences
Criminal Law Sentencing Proceeds of Crime Act 2002 Totality Principle Money Laundering Fraud Cheating the Revenue Drug Offences

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Parties

Rex

Respondent

Steven Cooper

Appellant

David Park

Appellant

Tejay Fletcher

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether consecutive sentences for offences under the Proceeds of Crime Act 2002 and underlying offences are appropriate under the totality principle
  2. 2 Whether the sentences imposed were manifestly excessive

Ratio Decidendi

Consecutive sentences for offences under the Proceeds of Crime Act 2002 are justified where those offences involve additional culpability or harm beyond the underlying offences. The totality principle requires that the overall sentence be just and proportionate, with appropriate adjustments for concurrent or consecutive sentences. The sentences imposed in these cases were not manifestly excessive and reflected the seriousness and distinctiveness of the criminal conduct.

Court Disposition

Appeals dismissed

Orders

  • Appeals against sentence by Steven Cooper, David Park, and Tejay Fletcher are dismissed.