Source: All England Reporter
Publisher Citation: [2009] All ER (D) 140 (Aug)
Neutral Citation: [2009] EWCA Crim 1861
Court: Court of Appeal, Criminal Division

Thomas LJ, Treacy and King JJ (judgment delivered extempore)

Representation Ivan Krolick (instructed by Williams MacDougall and Campbell) for the defendant.
  Jennifer Gray (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 18 August 2009


Sentence - Custodial sentence - Practical effect of sentence - Deterioration of prisoners health due to pre-existing medical condition - Defendant masterminding sophisticated insurance fraud - Defendant and co-accused pleading guilty to offences of conspiracy to defraud - Defendant suffering from degenerative physical and mental illness - Defendant receiving sentence three times length of co-accused - Defendant's condition deteriorating in prison - Whether disparity between sentences lawful - Whether sufficient account taken of defendant's ill-health.

The Case

Sentence Custodial sentence. Court of Appeal, Criminal Division: Where a defendant had pleaded guilty to conspiracy to defraud and received a sentence of three years' imprisonment, a sentence of two years' imprisonment would be substituted due to the worsening of the defendant's degenerative physical and mental condition whilst in prison.

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