Key Facts
- •Three members of the Hartt family (Charles, Edward, and Henry) pleaded guilty to 12 counts of breaching the Cattle Identification (Wales) Regulations 2007.
- •The breaches involved misidentification of cattle, hindering bovine TB control efforts.
- •The family farm had a large herd (3600 cattle) and significant financial assets.
- •Each appellant received a £24,000 fine (£2000 per count consecutively), plus costs and a confiscation order.
- •The appeal challenged the fines as manifestly excessive.
Legal Principles
Proportionality of sentencing
Sentencing Act 2020, ss. 124 & 125
Consideration of offender's means in sentencing
Sentencing Act 2020, ss. 124 & 125; Proceeds of Crime Act 2007, s.13
Totality principle in sentencing
Sentencing Act 2020, ss. 124 & 125
Relevance of guidelines for analogous offences (food safety)
None explicitly stated, but discussed in relation to argument presented.
Cattle Identification (Wales) Regulations 2007, Regs 4 & 13
Cattle Identification (Wales) Regulations 2007
Outcomes
Appeal dismissed.
The court found the judge's sentencing approach impeccable, considering the seriousness of the offences, the defendants' means, and the need to uphold regulations crucial for public health (bovine TB control). The fines, while substantial, were deemed proportionate and not manifestly excessive.