Conspiracy to Defraud: A Clarification of the Sentencing Approach

摘要

The Court of Appeal in Re Attorney-General's Reference (Nos 7 and 8 of 2013) has clarified the sentencing approach for serious and complex fraud cases involving conspiracy to defraud in two separate appeals (R v Kallakis and Williams; R v Levene). The cases raised common issues which counsel agreed made it convenient for the court to consider them together and issue a joint judgment. The cases are not linked, except in subject matter, but they both involve the opportunity to address sentencing levels in cases which involve the maximum level of seriousness by value. The R v Kallakis and Williams matter was an appeal by the Attorney-General. The Attorney-General made an application pursuant to s. 36 of the Criminal Justice Act 1988 for leave to refer, as unduly lenient, sentences imposed for offences of fraud and related offences. Furthermore, the Attorney-General requested the Court of Appeal to consider afresh the approach to sentencing for the most serious offences of conspiracy to defraud.