Evans, R. v

Evans, R. v

A sentence of 12 months' immediate imprisonment for distribution of copyright infringing articles was appropriate and not excessive, given the sustained and sophisticated nature of the offending, the real loss to copyright owners, the wider impact on the music industry, and the need for deterrence, despite strong personal mitigation and lack of significant financial gain.

Parties
Prosecutor: Regina; Appellant: Wayne Evans
Jurisdiction
England and Wales
Judgment Date
14 February 2017
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed; sentence upheld
Legal Topics
Copyright Infringement, Sentencing, Fraud, Distribution of Infringing Articles
Criminal Law Intellectual Property Law Copyright Infringement Sentencing Fraud Distribution of Infringing Articles

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Parties

Regina

Prosecutor

Wayne Evans

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 What is the appropriate sentence for distribution of articles infringing copyright under section 107(1)(e) of the Copyright, Designs and Patent Act 1988?
  2. 2 Should the sentence be suspended or reduced given the appellant's lack of financial gain, mental health issues, and personal mitigation?

Ratio Decidendi

A sentence of 12 months' immediate imprisonment for distribution of copyright infringing articles was appropriate and not excessive, given the sustained and sophisticated nature of the offending, the real loss to copyright owners, the wider impact on the music industry, and the need for deterrence, despite strong personal mitigation and lack of significant financial gain.

Court Disposition

appeal dismissed; sentence upheld