R v Doherty and Ors [2018] EWCA Crim 1924 – S 36 CJA 1988.
- review of unduly lenient Crown Court sentences.
- welfare of animals – puppy farming.
- conspiracy to commit fraud by false representation.
1) sentencing guideline on fraud also applies to conspiracy to commit fraud.
- in determining harm caused by offence, court looks at conspiracy as a whole, not role of individual offender.
2) guidelines impose structured approach to sentencing.
- impact of imprisonment on D’s family commands little weight where crime committed over a period of years by someone who must have known he would go to prison if caught.
3) unhelpful for sentencing judge not to explain how he applied guideline.
4) application of guideline in this case results in more severe sentence.
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