Court of Appeal Victory for Mark Watson

Barrister, Mark Watson appeared on behalf of the appellant, who had been sentenced to 27 months’ imprisonment for conspiracy to commit fraud by false representation on 27th January 2024. 

The case involved the advertising and sale of puppies to members of the public falsely representing them to have been home bred, socialised and healthy.  The prosecution found evidence of over 363 enquiries from prospective purchasers on the telephones that were seized. Of the 77 known purchases, 25 of those had puppies who were sick, some of which died.   

The appellant appealed the sentence with partial leave of the single judge.

The appellant had a high risk pregnancy at the time of the sentencing hearing , but was none-the-less sentenced to immediate custody.

Mr Watson advanced four grounds of appeal. These were:

• The sentence was wrong in principle;
• The “starting point” was too high; 
• The behaviour of the judge precluded the appellant from having a fair sentencing hearing, and, linked to this;
• A fair‑minded and informed observer would conclude that there was a real possibility that the judge was biased. 

On Wednesday, 5th June 2024, the Court of Appeal, comprising Lord Justice Fraser, Mrs Justice May, and Mr Justice Bright, heard the appeal. Mark Watson successfully argued that the original sentence was excessive and that the judge at the Crown Court had not given adequate consideration to the mitigating factors, including the appellants personal circumstances and limited role in the conspiracy.

The Court found merit in Mark Watson’s arguments and reduced the sentence to 21 months, which was further suspended for 24 months.

Whilst the Court did not agree with the last two grounds of appeal, the Court disagreed with, and deprecated, the Sentencing Judge’s approach and failure to account for all the relevant factors.

Marks solicitors, Goldkorns, and Janey Starling from the charity We Level Up, supported the appellant throughout.

The Judgment can be viewed in full here.

Image by Steve Brown from Pixabay