2 year sentence not excessive R v Blower (aka Robinson) [2007] EWCA Crim 1775

August 2007

Record labels, film &TV

The Court of Appeal (Criminal Division) has upheld the custodial sentence of 14 months on each of three trade mark charges (to be served concurrently) which were handed down to a defendant who was twice caught in possession of counterfeit CDs and DVDS, playstation discs and copying equipment for burning CDS and DVDs. Pre-sentence report stated that Blower was someone who regularly committed offences of dishonesty when tempted to do so by receiving an opportunity for easy gain; he had nine previous convictions for 13 offences, including seven of theft, one of fraud and one against property. The offences included a number of handling offences, for one of which he had received a sentence of nine months’ imprisonment. The Court of Appeal (Wilkie J and Stanley Burnton J) held that the sentence was not manifestly excessive and that the trial judges reduction in sentence of 25% for a guilty plea (which was not made at the first occasion) was proper.

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