R v Tathagata Mandal
[2024] EWCA Crim 1194
R v Ndayishimye Shabani
23 April 2024
[2024] EWCA Crim 553
Court of Appeal
A man helped criminals launder money. The judge gave him a harsher sentence than agreed, so he appealed. The appeal court said the judge should have followed the agreement, reduced his sentence to 11 months, but he still went to jail because of the seriousness of the crime.
Key Facts
- •The appellant pleaded guilty to money laundering and converting criminal property.
- •The appellant facilitated payments from rogue traders into his bank account, totaling £192,750.
- •The rogue traders defrauded vulnerable individuals, including an elderly person and a person with a disability.
- •The appellant knew the payments were likely criminal but continued due to financial need and fear.
- •The judge's sentence of 14 months imprisonment was appealed due to a contradiction between the sentencing remarks and the agreed basis of plea.
- •The appellant had a previous good character and posed a low risk of reoffending.
Legal Principles
A judge cannot depart from an agreed basis of plea without a Newton hearing unless the basis of plea is manifestly false.
R v Underwood [2004] EWCA Crim 2256
Sentencing guidelines should be followed, taking into account culpability and harm.
Sentencing Guidelines (implied)
Factors such as good character, lack of rehabilitation needs, and impact on dependents should be considered during sentencing.
Case Law (implied)
Outcomes
The appeal was allowed in part.
The judge's procedure was unfair as she departed from the agreed basis of plea without notice or a Newton hearing. The sentence was deemed manifestly excessive based on the correct application of the agreed basis of plea.
The 14-month sentence was quashed and replaced with an 11-month sentence.
The court resentenced the appellant based on the agreed basis of plea, reducing the sentence to reflect the correct culpability level and applying appropriate mitigations. The court determined that suspension was not warranted, considering the seriousness of the offense.