| Source: | All England Reporter |
| Publisher Citation: | [2004] All ER (D) 237 (Mar) |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Rix LJ, Treacy J and Judge Paget QC |
| Representation | Timothy Roberts QC (assigned by the Registrar of Criminal Appeals) for the defendant. |
| Thomas Bayliss QC (instructed by the Crown Prosecution Service) for the Crown. | |
| Judgment Dates: | 12 March 2004 |
Catchwords
Sentencing - Sentencing principles - Bases of plea - Determination by judge of extent of accused's culpability - Evidential basis not safe.
The Case
In the circumstances of the instant case, the inference upon which the Crown had invited the judge to determine the extent of the defendant's fraud had not been a safe evidential basis upon which to sentence the defendant. The appropriate sentence, where the amount of the fraud had properly been determined as being 250,000, on a plea of guilty, where the defendant had over a three year period in his practice as a solicitor submitted false claims for legal aid payment, was three years' imprisonment.
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