R v Oldham Justices, ex parte Lin

Date

25 August 2005

Legislation

Trade Marks Act 1994, s.92(1)(c)

Keywords

sentencing; counterfeit DVDs

Counsel

Mr Knowles

Solicitors:

unknown

Judge:

HHJ Jeffrey Lewis

Court:

Manchester Crown Court

Reported:

unreported

Summary:

Lin was sentenced by Oldham Magistrates Court to serve a total of three months imprisonment for seventeen offences - four contrary to s.92(1)(c) of the Trade Marks Act 1994 and thirteen contrary to s.10 of the Video Recordings Act 1984.

Lin was arrested at a public house selling counterfeit DVDs, tobacco and cigarettes on the premises. Lin appealed against the sentence.

Decision:

It was held that:

• This was dealing in counterfeit goods at the lower end of the scale and must be dealt with as a retailer on a small scale;
• However, given the extent of counterfeit goods sold unlawfully in this country it was necessary for there to be an element of deterrent as counterfeiting offences were becoming all too common;
• In all the circumstances the custody threshold had been met and the sentence of three months, despite the fact that Lin had no previous convictions, was a justified one.

Accordingly the appeal was dismissed.