R v Kemp (Paul Geoffrey)

Date

24 February 1995

Legislation

Keywords

counterfeit video recordings; custodial sentence; criminal offences; mitigation of sentence

Counsel

J Hall for Kemp

Solicitors:

unknown

Judge:

Russell LJ, Turner, Hooper JJ

Court:

Court of Appeal (Criminal Division)

Reported:

(1995) 16 Cr App R (S) 941

Summary:

Kemp pleaded guilty to one offence of copying video cassettes without license and four offences of applying trade marks. Upon searching Kemp's home 48 pre-recorded copied video cassettes were found and other items including a book of receipts which showed a turnover in the counterfeit goods of about £5,500.

Kemp was sentenced to 3 months imprisonment on the first offence and 6 months imprisonment for each of the trade mark offences concurrent inter se but consecutive to the first offence. In sentencing the Recorder note that the offences fell close to the bottom end of the scale for such acts. Kemp then appealed against sentence by leave of the single judge.

Decision

The Court of Appeal noted that counterfeiting offences normally attract at least a short sentence of imprisonment. They are difficult, time consuming and expensive to detect. In relation to Kemp's sentence the Court held that in the light of his previous good character and early admission of guilt the sentence should be reduced from a total of 9 months imprisonment to 6 months by making all the sentences run concurrently.

Reviewed 18 August 2010