R v Michael O’Brien
[2023] EWCA Crim 1413
R v Taofeeq Balogun & Anor
13 June 2024
[2024] EWCA Crim 845
Court of Appeal
Two men were caught in a big mobile phone scam. One got a shorter prison sentence on appeal, the other's sentence stayed the same. The court looked at how much each man was involved and how much damage they caused. Even though one man had family problems, the judge still thought he needed to go to jail.
Key Facts
- •Taofeeq Balogun and Oluwadamilola Bolaji pleaded guilty to conspiracy to defraud.
- •The fraud involved the fraudulent acquisition of mobile phones and electrical goods using false identification documents.
- •176 genuine customers were affected, with a total loss of approximately £429,304.
- •Balogun was sentenced to 3 years' imprisonment, and Bolaji to 6 years and 3 months' imprisonment.
- •Both appellants appealed their sentences.
Legal Principles
Sentencing guidelines for conspiracy to defraud, considering culpability, harm caused, and mitigating factors.
Sentencing Guidelines
Outcomes
Bolaji's appeal dismissed.
The judge's approach to sentencing was not susceptible to legitimate criticism. His culpability was high, and the harm caused, including to numerous victims, justified the sentence.
Balogun's appeal partially allowed.
His culpability was reassessed as medium category B. While the fraud was extensive, his personal culpability was lower. His sentence was reduced from 3 years to 18 months' imprisonment, to be served immediately.