R v Lloyd (Grant Oaten)
Date
17 December 1996
Legislation
Copyright Designs and Patents Act 1988
Keywords
counterfeit goods; computer software; criminal offences; sentencing
Counsel
M Orsulik for the Appellant
Reported:
[1997] 2 Cr App R (S) 151
Court:
Court of Appeal (Criminal Division)
Solicitors:
unknown
Judge:
HHJ Rhys Davies QC; Ebsworth J; Evans LJ;
Summary:
Lloyd was convicted of six counts of making an infringing article and before the same judge was sentenced to a term of 12 months' imprisonment on each count concurrent. The prosecutions had been brought by the federation Against Software Theft, in respect of counterfeited computer disc computer programs. At the appellant's home Police seized 61 compact discs bearing counterfeit copies of computer programs. They also received a computer which contained a program to facilitate the manufacture of compact discs, and CD writer drive.
Lloyd's defence was that he had entered into a perfectly legitimate partnership with another man Brown and supplied computer games, and that all the offending articles found at his home were not his but Brown's. The jury rejected this defence.
The Assistant Recorder went on to say that a private prosecution had demanded a massive expense. He had pleaded not guilty and did not have the means to pay costs; the public would have to bear these. She came to the conclusion that only custody was appropriate and that taking account of his previous good character and background, she reduced what she considered the otherwise appropriate term to one of 12 months' imprisonment. The appellant was indeed a man of previous good character. There was a pre sentence report, which suggested a community service order.
The grounds of appeal were that the sentence was manifestly excessive and took inadequate account of those matters of personal mitigation, but also took inadequate account of the maximum penalty available which was 2 years' imprisonment, and the scale and short duration of the appellant's offending.
Decision:
Having reviewed previous sentencing decisions the Court of Appeal concluded that the Assistant Recorder had set too high a sentence and substituted a sentence of 6 months for each offence concurrent.