Caselaw Digest
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R v Hugh Lansdell

7 February 2024
[2024] EWCA Crim 147
Court of Appeal
A solicitor stole nearly £2 million from his clients to pay a scam. He got four years in prison. He tried to appeal, saying the judge didn't consider how bad things were for him, but the appeal court said the sentence was fair and refused his appeal.

Key Facts

  • Hugh Lansdell, a 74-year-old former senior solicitor, pleaded guilty to fraud by abuse of position.
  • He stole nearly £2 million from clients over two years, using the money to pay an advance-fee fraud scam he believed would yield £8 million in lottery winnings.
  • He was sentenced to four years' imprisonment.
  • He appealed against the sentence, arguing insufficient consideration of mitigating factors and inconsistency between plea and sentencing hearings.
  • Lansdell had no prior convictions and suffered significant personal consequences from the crime including the loss of his reputation, marriage, home, job, and wealth.

Legal Principles

Sentencing guidelines for fraud by abuse of position (category 1A)

Sentencing Council guidelines

Considerations for mitigating factors in sentencing

Common law sentencing principles

Outcomes

Appeal refused.

The court found the sentence to be lenient, considering the scale of the offending and the mitigating factors were adequately considered by the Recorder. The judge gave the maximum possible downward adjustment.

Application for leave to appeal refused.

The grounds of appeal were deemed not reasonably arguable.

Application for legal representation refused.

The grounds of appeal were deemed not reasonably arguable.

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