Source: All England Reporter
Publisher Citation: [2002] All ER (D) 467 (Mar)
Neutral Citation: [2002] EWCA Crim 829
Court: Court of Appeal, Criminal Division
Judge:

Kay LJ, Pitchers J and the Recorder of Liverpool

Representation Yunus Valli (assigned by the Registrar of Criminal Appeals) for the defendant.
Judgment Dates: 22 March 2002

Catchwords

Sentencing - Obtaining a money transfer by deception - Custodial sentence - Defendant trainee solicitor applying for mortgage to provide home for father - Defendant knowingly withholding fact that he already had a mortgage - Whether imprisonment appropriate.

The Case

A sentence of imprisonment was not appropriate for a defendant charged with obtaining a money transfer by deception, since the offence was a relatively unsophisticated and unsuccessful attempt to obtain money to provide a home for the defendant's father by a defendant, for whom, being a trainee solicitor, the consequences of a conviction would be serious in themselves.

Practice Areas

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