Sentencing Guidelines - Theft and other Dishonest Offences
First instance sentencing remarks - one of fourteen cases heard together - interim guidance under LCJ’s ‘Programme for Action on Sentencing’ - the approach to sentencing in so-called ‘money mule’ fraud cases.
Appeal against 4 year Determinate Custodial Sentence, comprising 2 years custody and 2 years on licence - conspiracy to defraud - setting up and operation of websites which permitted the viewing of films in breach of copyright and the advertising revenue - sections 327(1)(a) and 329 Proceeds of Crime Act 2002 - appeal dismissed - principles derived and applied from first instance sentencing remarks, the Court of Appeal (E&W) and Sentencing Guidelines Council.
False accounting contrary to s. 17(1)(a) Theft Act (NI) 1969 - false statements contrary to s. 105A(1) of the Social Security Administration (NI) Act 1992 – imposition of confiscation orders – whether court had jurisdiction order under POCA 2002 – whether amounts confiscated proportionate – Held that 2002 Act applied but amounts disproportionate and new amounts substituted.
Fraud by false representation – whether probation element of combination order wrong in principle – probation element quashed and guidance given on proper procedure.
First instance sentencing remarks.
First instance sentencing remarks – guidance pending Court of Appeal deliberation – carrying dutiable goods with intent to defraud contrary to Section 170 of the Custom & Excise Management Act 1979 – consideration of relevant Sentencing Council (E&W) Guideline and categories.
R v Aidan Grew and Hilary Patrick McLaughlin and R v Patrick Mackle, Plunkett Mackle and Benedict Mackle
Fraudulent evasion of duty contrary to section 170(2) of the Customs and Excise Management Act 1979 - cigarette smuggling operations - whether trial judges erred in imposing confiscation order – appropriateness of custodial sentences for these offences.
Social security fraud - review of sentencing decisions in this area - imposition of compensation order.
Handling stolen goods - English Guideline case of Webbe approved in this jurisdiction - aggravating factors identified.
First instance sentencing remarks - making a false instrument contrary to Section 1 of the Forgery and Counterfeiting Act 1981 - falsification of documents required for EU and domestic compliant export of pigs - export of livestock - procedures not followed - ECHR art 6 - 2 years imprisonment suspended for 3 years.
Robbery - youth offender - consecutive or concurrent sentences.
Proceeds of Crime - Failure to disclose information - using a false instrument (solicitor) - money laundering - custody virtually inevitable.
First instance sentencing decision - evasion of duty - importation of large quantity of fuel across Irish border - need to address the prevalence of such activity - assessment of role of defendant - English Guideline case Dosanjh considered.
Conspiracy to defraud the Inland Revenue - sub-contractor's tax exemption vouchers - deterrent sentences or "clang of prison gates" principle.
Conspiracy to defraud, false accounting and providing false information - mortgage fraud - whether trial judge attached sufficient weight to circumstances behind motive for committing the offences - use of transactions to re-finance appellant's debt - whether should be dealt with by "clang of prison gates" sentencing principle.
Possession of counterfeit money with intent and lawful excuse - disparity of sentence between co-accused.
Theft from employer over period of time - mother of a young child - compassion and clemency exhibited by employer - whether should be taken into account.
Dishonest receipt of stolen goods - artefacts of historic and cultural value - age, medical condition and previous clear record of appellant.
Obtaining property by deception - social security fraud - deterrent sentences.
Obtaining property by deception - deception in course of employment - application of guideline on sentencing in cases of breach of trust by employees and professional persons - whether sentence excessive.