R v Gibbons (Roy John)

Date

29 July 1994

Legislation

Copyright Designs and Patents Act 1988

Keywords

copyright criminal offences; length of sentence; mitigation; counterfeit video tapes

Counsel

M. Gledhill

Solicitors:

unknown

Judge:

Hirst LJ, Holland J

Court:

Court of Appeal

Reported:

(1995) 16 Cr App R (S) 398

Summary:

Gibbons pleaded guilty to six specimen charges of making for hire or sale a video recording without the license of the copyright owner. Upon searching Gibbons' home around 5,000 counterfeit cassette covers were found and over 18,000 counterfeit video cassette labels along with counterfeit tapes and video recording equipment.

Gibbons was sentenced to seven months imprisonment concurrently in respect of each offence making a total sentence of seven months. On appeal he accepted that the seven month sentence was not open to challenge but asked for mitigation on the basis of medical evidence and other personal circumstances including depression caused by the death of his daughter.

Decision:

The Court of Appeal rejected the appeal and stated that the sentence of 7 months was correctly imposed.