Source: All England Reporter
Publisher Citation: [2006] All ER (D) 262 (Jul)
Court: Court of Appeal, Criminal Division
Judge:

Sir Igor Judge P, Gray and McCombe JJ

Representation Barrie Van Den Berg (instructed by Daniell & Battell) for the first offender.
  Adrian Jopling (instructed by Howell Hylton) for the second offender.
  Adam Vaitilingam (instructed by Ashfords) for the third offender.
  Jonathan Laidlaw and Sarah Whitehouse (instructed by the Treasury Solicitor) for the Attorney General.
Judgment Dates: 19 July 2006

Catchwords

Sentence - Imprisonment - Length of sentence - Conspiracy to obtain property by deception - Offenders defrauding elderly and vulnerable people - Offenders persuading victims that work needing to be carried out on their property - Work not being carried out - Excessive sums of money extracted - Befriending vulnerable victim - Victim losing everything as result of conspiracy lasting over a year - Whether judge erring in feeling constrained by statutory maximum for one offence - Whether sentences unduly lenient.

The Case

In the instant case, where the offenders were involved over a number of years in a number of conspiracies to obtain property by deception, having defrauded elderly and vulnerable people into paying excessive amounts for unnecessary work, sometimes not even performed, to their properties, and involving 26victims and over 600,000 having been obtained, and where in one case the offenders 'conned' a victim out of 500,000 under the guise of friendship, leaving him destitute, the judge had wrongly felt constrained in sentencing the offenders by the statutory maximum sentence of ten years' imprisonment. Given its unusual features, it was plainly a case in which the court was able to consider consecutive sentences which could have resulted in a total sentence which exceeded the statutory maximum for a single offence, and in order to afford credit for mitigation and guilty pleas, discounting one of the sentences so that the total sentence was the 'statutory maximum' of ten years.

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