R v Reynolds, Malcolm Gary

Date

5 July 2004

Legislation

Copyright Designs and Patents Act 1988, ss.107(1)(a), s.297A
Trade Marks Act 1994, s.92(1)
Computer Misuse Act 1990, s.3(1)

Keywords

sentencing; counterfeiting; copyright circumvention; trade mark offences

Counsel

P. Drinkwater for the Crown, W. Jackson for Reynolds

Solicitors:

unknown.

Judge:

S. Parish (Recorder)

Court:

Crown Court Truro

Reported:

Case T20040019, unreported.

Summary:

Reynolds operated a counterfeiting operation which had a turnover of approximately £30,000 over a 15 month period; he used five computers and a lap-top with 13 CD writers and one DVD writer to counterfeit films and CDs.

Reynolds pleaded guilty to 8 offences under s.92(1) of the Trade Marks Act 1994, one offence under s.297A of the Copyright Designs and Patents Act 1988 and one under s.3(1) of the Computer Misuse Act 1990 and asked for 29 similar offences to be taken into consideration. He also pleaded guilty to three specimen offences of making a false representation and asked for 166 similar offences to be taken into consideration. He also was overpaid £18,000 of state benefits because he failed to declare that he was now working.

Decision

For the counterfeiting offences he was sentenced to 15 month's imprisonment on each count concurrent; for false representation a sentence of 6 months concurrent on each count of the indictment but consecutive to the counterfeiting offences, making a total of 21 months.