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Anand Beharrylal secures suspended sentence in counterfeit trademarks case

 

Anand Beharrylal appeared for SF who was before the Cambridge Crown Court on ten offences contrary to the Trade Marks Act 1994, with a gross value of just under £100,000. SF had pleaded guilty at an earlier hearing where an indication of sentence had been sought, also known as a "Goodyear indication". After hearing from the prosecution that the profit to SF was estimated to be £73,000 the judge gave an indication that a sentence of eighteen months immediate imprisonment was appropriate. The defence disputed the prosecution estimate of profit and made it clear that this could not be correct. The defence also submitted that the actual figure was much lower thus affecting any potential sentence.

 

When the sentencing hearing was convened on Friday 28th November 2009 the defence were able to show that the profit figure was in fact correctly estimated at the £40,000 mark and therefore the offences were significantly less serious than originally thought. The prosecution also agreed that their previous estimate of profit was incorrect. In mitigating Anand Beharrylal also drew attention to the personal circumstances of SF as a caring and responsible man who, but for this offence, was a constructive and contributing member of society in good employment. The judge considered the new estimate and mitigation advanced and suspended the sentence of imprisonment with a condition of unpaid work.

Anand Beharrylal was instructed by Messrs Sarfo Solicitors for the defence.

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28 November 2009

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