Success in Court of Appeal sees huge reduction in sentence.
London Criminal Barrister Quentin Hunt was instructed to conduct an appeal against sentence by the family of a Miss CH; Quentin was instructed on a Direct Public Access basis. Following a prosecution by the Insolvency Service CH had been sentenced in respect of a total of 11 offences relating to her operation of various businesses following bankruptcy. A judge at the Oxford Crown Court had imposed a total sentence of 32 months imprisonment and 10 year director’s disqualification. The offences were serious and wide ranging and included-
- acting as a director as director of a company or directly or indirectly to taking part in or being concerned in the promotion, formation or management of a company contrary to section 11 of the Company Directors Disqualification Act 1986;
- engaging in a business under a name other than that contained in a Bankruptcy Restriction Order contrary to section 360(1)(b) of the Insolvency Act 1986;
- obtaining credit over the prescribed amount without disclosing her relevant status as the subject of a Bankruptcy Restriction Order contrary to section 360(1)(a) of the Insolvency Act 1986 and
- removing property over the prescribed amount from her bank account, which she would otherwise have been required to deliver up to the Official Receiver, contrary to section 354(2) of the Insolvency Act 1986
The total of 32 months imprisonment consisted of a variety of sentences, some concurrent and some consecutive. Quentin was able to analyse the sentences handed down and provide CH with clear and concise advice over her prospects of appeal. He identified a number of deficiencies in the Judge’s approach to sentencing which meant that the sentence passed was manifestly excessive and wrong in principle. As a result, Quentin was able to draft and submit powerful grounds of appeal on CH’s behalf using analogous sentencing authorities to demonstrate why the appeal should be allowed.
The Registrar of the Court of Appeal allowed Quentin’s appeal to go to the full Court without consideration by a single judge for leave to appeal. At the hearing of the Appeal at the Royal Courts of Justice Quentin forcefully argued for a significant reduction in CH’s sentence. The Court, led by Lord Justice Coulson agreed and the appeal was successful. The sentence of 32 months was reduced by 12 months to a period of 20 months and the period of Director’s disqualification of 10 years was reduced to 7 years. CH and her family were delighted as the period of imprisonment had been reduced by over 1/3.
Quentin Hunt is a Direct Access Criminal Barrister who specialises in Appeals against both conviction and sentence. Quentin is able to act in appeal cases regardless of who acted in the original proceedings meaning that he is able to offer a ‘fresh set of eyes’ to spot potential avenues of appeal. He accepts appeal instructions either through solicitors or direct from members of the public or their families. He is known for a non-nonsense, committed approach cases with the aim of getting the very best results for his clients. If you or someone you are close to wish to secure effective representation in an appeal case, you may contact Quentin Hunt for a free no obligation conversation.