Regina v. Dosanjh (Court of Appeal, 2014)
Jurisdiction: United Kingdom
Principle law(s): EU Emission Trading Scheme (EU ETS) (Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC)
Side A: Regina (Individual)
Side B: Dosanjh (Individual)
The court stated that Parliament had deliberately not decided the offense of cheating the revenue. Parliament had left the offense of conspiracy to cheat the public revenue from statutory charge, both in existence and the penalty at large, because it is of particular seriousness. In assessing whether or not the sentences were manifestly excessive, the court looked at previous decisions of the court and the draft guideline from the Sentencing Council, and noted that: cheating the revenue is a major drain on the public purse, and the defendants' actions were a serious level of offending, with an enormous amount of planning. However, the court determined that those sentences were too high and reduced the sentences to 13 years, 10 years and 8 years.
Related laws and policies
EU Emission Trading Scheme (EU ETS) (Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC)
This Directive establishes a Community GHG emissions trading scheme from 2005, to enable the Community and the Member States to meet their Kyoto Protocol commitments. Directive 2004/101/EC reinforces the link between the EU's emission allowance trading scheme and the Kyoto Protocol by making the ...