Cullen, R v

Consecutive sentences may properly be imposed where offences form separate pieces of criminality, even though they arise during an overlapping course of financially motivated offending. Benefit fraud, which concerns the improper receipt of public funds, and trade mark offending, which harms trade mark proprietors, were properly treated as distinct criminality. The sentencing court was therefore entitled to reflect that distinction by making the sentences consecutive.

The appellant pleaded guilty at Mold Crown Court to offences involving goods bearing false trade marks, copyright infringement, and three offences of dishonestly failing to notify a change in circumstances contrary to section 111A of the Social Security Administration Act 1992.

He received concurrent sentences of 32 months for the trade mark offences and concurrent sentences of 16 months for the benefit offences, with the latter consecutive to the former, producing a total of four years’ imprisonment. He appealed with leave on the sole ground that all offending should have been treated as one body of criminality and sentenced concurrently.

1. Appeal dismissed. The sentencing exercise was carefully fashioned and properly reflected the appellant’s criminality.

2. The court rejected the submission that the benefit and trade mark offences necessarily formed a single body of criminality requiring concurrent sentences. The benefit offences concerned the receipt of benefits from public funds. The trade mark offences substantially affected those entitled to the relevant trade marks.

3. Those were two separate forms of criminality. It was therefore proper to mark their distinct character by imposing the 16-month sentences for the offences under section 111A of the Social Security Administration Act 1992 consecutively to the 32-month sentences for the trade mark offences.

4. The total sentence of four years’ imprisonment was upheld.

• Court of Appeal (Criminal Division) — with leave of the single judge, dismissed the appeal against sentence: [2008] EWCA Crim 1667.

• Crown Court at Mold — following guilty pleas, imposed concurrent sentences for the trade mark offences and consecutive sentences for the benefit offences, totalling four years’ imprisonment.