R v Burns

Date

19 June 2000

Legislation

Trade Marks Act 1994, s.92

Keywords

trade mark offences; sentencing; counterfeit goods

Counsel

I. Wheatley for Burns, the Crown was unrepresented

Solicitors:

unknown.

Judge:

Otton LJ, Smedley J, and Judge Rivlin QC.

Court:

Court of Appeal (Criminal Division)

Reported:

[2001] 1 Cr App R(S) 220.

Summary

Burns sold clothing at two different shops, from a storage unit and from a vehicle. Trading Standards Officers attended one of the shops and seized clothing and correspondence. All of the goods seized save for one item were found to be counterfeit and were worth approximately £15,000.

Burns pleaded guilty to 53 offences under the 1994 Act and was sentenced to 12 months imprisonment on each count to run concurrently making a total of 12 months. He appealed against this sentence.

He was aged 34 and had two recent convictions for trademark offences when he was sentenced.

Decision:

This was considered by the Court of Appeal to be a seriously aggravating factor. The court considered the case of R v Adam, and concluded that, like that case, it was necessary to set a deterrent sentence. Accordingly the appeal was dismissed.