Source: All England Reporter
Publisher Citation: [2002] All ER (D) 228 (Oct)
Neutral Citation: [2002] EWCA Crim 2259
Court: Court of Appeal, Criminal Division

Judge LJ, Butterfield J and the Recorder of Liverpool

Representation Lawrence Henderson (assigned by the Registrar of Criminal Appeals) for the defendant.
Judgment Dates: 8 October 2002


Sentencing - Custodial sentence - Duration - Disparity.

The Case

Where the defendant pleaded guilty to an offence of being knowingly concerned in the fraudulent evasion of a restriction on the importation of goods, in connection with the importation of birds of prey, and was sentenced to 22 months' imprisonment following a guilty plea, it was held that in the circumstances and with regard to the defendant's mitigation, that sentence was manifestly excessive when compared with the sentence of three years' imprisonment received by a co-accused following conviction. A sentence of 15 months' imprisonment was substituted.

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