- Environmental offences, sentencing guidelines (EA v JJCEG Ltd)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Corporate Crime analysis: The Administrative Court rejected an appeal where it was argued that any economic gain derived as a consequence of the offending had to ‘retained’ by the offender in order to be included in the overall fine under step five of the sentencing guidelines for environmental offences. Furthermore, in calculating the economic gain, the court was entitled (on the facts of this case) to refuse to take into account any penalty that might become due to the tax authorities because of the offending on the basis that at the time of sentence (despite the issuing of a letter of warning by HMRC), such a penalty was ‘speculative’. Written by David Brooke QC, barrister, at KBW Chambers, Leeds, who appeared on behalf of the defendant.
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