R v Swallow

Date

23 January 2002

Legislation

Trade Marks Act 1994, s. 92

Keywords

appeal; trade marks offences; sentencing

Counsel

Unknown

Solicitors

Unknown

Judge

Unknown

Court

Court of Appeal (Criminal Division)

Reported

unreported (97/5948/W3)

Summary

The defendant was convicted of possessing goods with false trade marks. He appealed against a sentence of six months citing financial desperation and sought credit for his guilty plea.

It is in the public interest for legitimate traders to be protected from such activity. It can affect economic stability. The judge was right to take a previous conviction for dishonesty into account. The sentence was not wrong in principle, was not excessive and was well merited.