Source: All England Reporter
Publisher Citation: [2007] All ER (D) 347 (Mar)
Neutral Citation: [2006] EWCA Crim 2503
Court: Court of Appeal, Criminal Division
Judge:

Moore-Bick LJ, Grigson J and Judge Moss QC
Representation Christopher Gibbons (assigned by the Registrar of Criminal Appeals) for the defendant.
Judgment Dates: 6 October 2006

Catchwords

Sentence - Possession of goods likely to be mistaken for a registered trademark - Custodial sentence - Whether duration of custodial sentence manifestly excessive - Whether order for disqualification from driving appropriate - Powers of Criminal Courts Act 2000, s 146.

The Case

Sentence Possession of goods likely to be mistaken for a registered trademark. The defendant pleaded guilty to nine separate offences of having in his possession in the course of business goods which bore a sign identical to, or likely to be mistaken for, a registered trademark contrary to s92(1)(c) of the and one offence of possessing a video-recording of unclassified work for the purpose of supply contrary to s10 of the Video Recordings Act 1994. In respect of all of the offences he was sentenced to 18months' imprisonment, to be served concurrently. He was also disqualified from driving for 18months, pursuant to s146 of the Powers of Criminal Courts Act. The disqualification order was quashed on appeal, due to the fact that it would interfere with his ability to rehabilitate himself. The sentence was otherwise unchanged.

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