White v R.
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
- MRS JUSTICE LANG DBE
Areas of Law
- Criminal Law and Procedure
- Evidence Law
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
AI Generated Summary
Anthony Alan White's appeal was accepted due to defective indictments. The court quashed some convictions and substituted others without increasing the sentence. This case emphasizes the necessity for accurate indictment and the appellate court's power to rectify errors without causing injustice.
Judgment
Sir Brian Leveson P :
The facts that give rise to this application for an extension of time for leave to appeal conviction generate legitimate concerns about the operation of the criminal justice system and serve to underline the need for all those involved not to lose sight of the need to pay close attention to the formal legal requirements of our law and practice. Whatever the financial pressures facing the system, it is critical that a professional approach to all aspects of the prosecution of offenders is maintained by prosecutors, defence lawyers and, indeed, the court.
On 17 March 2011, in the Crown Court at Southwark, Anthony Alan White pleaded guilty to three offences of obtaining a pecuniary advantage by deception contrary to s. 16(1) of the Theft Act 1968 and to one further offence of Fraud contrary to s. 1 of the Fraud Act 2006 ; a further allegation of fraud was left on the file. He was sentenced by Her Honour Judge Taylor to a term of 30 months imprisonment on each count concurrently which reflected a discount of 25% for his guilty pleas: issues of confiscation were adjourned. A successful appeal against sentence was mounted which, on 27 September 2011, led to the term of imprisonment being reduced to 2 years: see [2011] EWCA Crim 2280 .
On 11 June 2012, Judge Taylor determined the confiscation order and found a total criminal benefit of £265,000. She also found that the recoverable amount available pursuant to ss. 6 and 7 of the Proceeds of Crime Act 2002 was £55,640.15 and made an order made in that amount with 18 months’ imprisonment (to be served consecutively to his custodial sentence) in default of payment. This order was not the subject of appeal and there the case rested.
For reasons which will become apparent, the basis in law of the charges to which pleas of guilty had been entered was challenged in the legal journal, Criminal Law Week and, as a result, the solicitors who had acted for Mr White took advice and thereafter, in May 2013, by counsel who did not appear in the Crown Court, launched an appeal against conviction, seeking an extension of time in excess of 2 years in order to do so. The Crown (also appearing by different counsel) has served a respondent’s notice: neither the extension of time nor the basic grounds of appeal are opposed. In the light of the unusual circumstances of the case, the Registrar has referred the matter to the full court and we grant the relevant extension of time and leave to appeal.