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R v Anne Darwin and Another
on 30 August 2011
Effect of deception is relevant to sentencing purposes
The Court of Appeal handed down judgment in the matter of R v Darwin (Anne) and another 01/04/2009 Times Law Reports on 27th March 2009. The case turned on the now well known conspiracy by the defendants to fake the male defendant’s death and fraudulently obtain life insurance and pension benefits. In doing so, the defendants had deceived their children as to the “death” of their father, and this had been taken into account by the sentencing judge. Dismissing the appeals against sentence, the Court of Appeal found that section 143 of the Criminal Justice Act 2003 c. 44 compelled the judge to take account of the effect of the fraud on the defendants’ children.
