Source: All England Reporter
Publisher Citation: [2006] All ER (D) 19 (Sep)
Court: Court of Appeal, Criminal Division

Hallett LJ, Leveson and Simon JJ

Representation John Carmichael (assigned by the Registrar of Criminal Appeals) for the defendant
  Angus Gloag (assigned by the Registrar of Criminal Appeals) for the co-defendant
  John Butterfield (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 6 September 2006


Sentence - Imprisonment - Length of sentence - Solicitor and estate agent transferring property at substantial undervalue - Solicitor failing to disclose knowledge or suspicion of money laundering - Whether sentence manifestly excessive - , ss 330, 328(1), and 329(1).

The Case

In a case where the defendant, a solicitor, and his co-defendant, an estate agent, were convicted of offences pursuant to the by transferring legal title to a property at a substantial undervalue, it was held that the sentences of 15 months' imprisonment and 3 years' imprisonment, respectively were manifestly excessive in the light of the fact that the offences had been a one-off, and in the case of the defendant, had involved a lapse of the high standard expected of a solicitor rather than a desire to engage in criminal activity.

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