R v Mitchell

Date

13 March 2000

Legislation

Keywords

prosecution; costs

Counsel

Mr John Boumphrey

Solicitors

WH Matthews & Co.

Judge

Lord Justice Judge, Mr Justice Wright

Court

Queen's Bench Division

Reported

[2001] FSR 267

Summary

The applicant had been convicted of charges relating to the sale of counterfeit compact discs. He was fined £200 on each charge and £8,000 costs which represented approximately half of the prosecution costs. The amount relating to costs was disputed. The applicant was on a very low income and the maximum payment he could make was £50 pounds a month. This meant it would take him 15 years to pay and as such the sum was held to be grossly excessive.

Decision

Wright J said that following Oliver v. Oliver, the sums should over a period of two or three years be such as the defendant was capable of paying in such a way that default and the consequent penalty was very unlikely. The order for costs was quashed and remitted to the magistrate to reassess the sum with full information available, on affidavit, regarding the applicant's financial position.

Reviewed 30 November 2008