Source: All England Reporter
Publisher Citation: [2004] All ER (D) 320 (Nov)
Neutral Citation: [2004] EWCA Crim 2755
Court: Court of Appeal, Criminal Division
Judge:

Auld LJ, Royce and Hedley JJ
Representation Louis Moll (assigned by the Registrar of Criminal Appeals) for the first defendant.
  Rossano Cifonelli (instructed by the Crown Prosecution Service) for the Crown in the case of the first defendant.
  Claire Davenport (assigned by the Registrar of Criminal Appeals) for the second defendant.
  Stephen Earnshaw (instructed by the Crown Prosecution Service) for the Crown in the case of the second defendant.
Judgment Dates: 22 October 2004

Catchwords

Sentencing - Benefit fraud - Guidelines - Continuing applicability.

The Case

The aggravating and mitigating features identified in the guideline case of R v Stewart concerning benefit fraud did not require modification or amplification. However, to continue to apply, the figure of an overpayment of 10,000, suggested therein as a guide to the appropriate level of sentence, should be updated to take into account the effect of inflation since 1987. Further, there would be some cases in which a sentence should properly reflect an element of deterrence. Furthermore, where a defendant faced an indictment alleging specimen or sample counts, he was to be sentenced on the value of the fraud alleged in those counts.

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