Source: All England Reporter
Publisher Citation: [2004] All ER (D) 323 (Feb)
Court: Court of Appeal, Criminal Division

Potter LJ, Hooper and Astill JJ

Representation Joanna Rodikis (instructed by Hargreaves Gilman, Manchester) for the offender.
  Anthony Orchard (instructed by the Treasury Solicitor) for the Attorney General.
Judgment Dates: 19 February 2004


Sentencing - Unduly lenient sentence - Reference by the Attorney General - Conspiracy to defraud - Appropriate sentence.

The Case

A 240-hour community punishment order and four-month curfew order was unduly lenient where a 23-year-old offender of previous good character had pleaded guilty to conspiracy to defraud, committed in the course of his employment at a bank and involving the fraudulent transfer from various customers' accounts of 46,000. The appropriate starting point was a sentence of two years' imprisonment. However, in the circumstances, it was not appropriate to quash the sentence imposed.

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