R v Whittle and another
| Jurisdiction | England & Wales |
| Judge | Lady Justice Hallett |
| Judgment Date | 14 November 2008 |
| Neutral Citation | [2008] EWCA Crim 2560 |
| Docket Number | Case No: 200803810 A2 |
| Court | Court of Appeal (Criminal Division) |
| Date | 14 November 2008 |
Court of Appeal, Criminal Division
Before Lady Justice Hallett, Mr Justice Foskett and Judge Morris, QC
Minimum sentences agreed by United Kingdom employees admitting cartel offences in a plea agreement with the United States authorities and substituted on appeal were not to be treated as guidelines.
The Court of Appeal, Criminal Division allowed sentence appeals by Peter Whittle and Bryan Allison, each imprisoned for three years, and David Brammar, sentenced to 30 months, by Judge Rivlin, QC, at Southwark Crown Court on June 10, 2008, following their guilty pleas to a cartel offence under section 188 of the Enterprise Act 2002.
Mr Adam Kane for Whittle; Mr Mark Ellison, QC, for Allison; Mr Alexander Cameron, QC and Mr Adrian Derbyshire for Brammar; Mr Mark Lucraft, QC, for the Office of Fair Trading.
LADY JUSTICE HALLETT said that neither the sentences imposed by the Court of Appeal, nor those imposed by the judge, were to be treated as guidelines.
A non-exhaustive list of relevant factors indicated by Proposed Criminalisation of Cartels in the UK (OFT 365, Nov 2001) by Sir Anthony Hammond, QC, and Mr Roy Penrose, included:
The gravity and nature of the offence, the duration of the offence, the degree of culpability of the defendant in implementing the cartel agreement, whether the defendant's conduct was contrary to guidelines laid down in his company compliance manual; Mitigating factors included cooperation by the defendant in respect of the inquiry, whether the defendant was compelled to participate in the cartel under duress, whether the offence was a first offence and any personal circumstances which...
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