Abbott, R v

Abbott, R v

The appellant should have been sentenced on the basis that he knew the money represented proceeds of criminal conduct, not specifically drug trafficking, and the sentence imposed was excessive in light of this and relevant authorities.

Parties
Prosecution: Regina; Appellant: William Abbott
Jurisdiction
England and Wales
Judgment Date
14 May 2008
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Concealing Criminal Property, Drug Offences, Basis of Plea, Appeal Procedure
Criminal Law Sentencing Concealing Criminal Property Drug Offences Basis of Plea Appeal Procedure

Case Brief

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Parties

Regina

Prosecution

William Abbott

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred by not sentencing on the appellant's basis of plea
  2. 2 Whether the sentence was manifestly excessive

Ratio Decidendi

The appellant should have been sentenced on the basis that he knew the money represented proceeds of criminal conduct, not specifically drug trafficking, and the sentence imposed was excessive in light of this and relevant authorities.

Court Disposition

appeal allowed in part

Orders

  • Sentence on count 1 reduced to 2 years' imprisonment
  • Concurrent sentence for possession of cocaine stands