The criminal benefit obtained by a foreign exchange dealer who had engaged in missing trader fraud had been rightly calculated by reference to the sums that he had moved through a money service bureau’s bank account. Whilst he had received only a small personal profit by way of commission, that commission was based on the turnover of the business and was therefore a share in the proceeds of the laundered monies.
A man who conspired to pay an assault victim to retract his statement identifying him as an assailant, resulting in a not guilty verdict, was jailed for five years for perverting the course of justice. However, the judge had erred by sentencing on the basis that the man had committed the assault. The judge had not been entitled to go behind the verdict. The man’s guilt was irrelevant, what was important was that he had avoided trial by perverting the course of justice. The starting point had been too high and the sentence was reduced to four years’ imprisonment.
A sentence of two years’ imprisonment, suspended for two years with a requirement of 200 hours unpaid work, imposed on an offender who had pleaded guilty to an offence of conspiracy to supply a controlled drug was unduly lenient. However, the sentence was not varied, as in the circumstances a return to prison was unduly harsh and unnecessary.
An extended sentence should not have been imposed on an offender where none of the co-accused had received an extended sentence and there were no factors which significantly differentiated him from the co-accused.
A judge had been entitled to impose lengthy sentences on four offenders convicted of conspiracies to enable others to possess firearms and ammunition with the intent to endanger life, where the gun was accompanied by many rounds of live ammunition. The offences were very serious and in the case of an offender with an extended sentence, he had been appropriately treated as dangerous, as he presented an ongoing risk of imminent harm and had previous convictions for firearm offences.