Published 27 April 2021
Sentencing — acting as a director of a phoenix company — taking part in the management of a phoenix company — breach of director’s duties — failing to comply with notices — failing to file statements of affairs — taking part in the management of business while bankrupt — attempting to mislead the official assignee — Companies Act 1993. The defendant appeared for sentence on multiple charges relating to the management of companies, including directing and managing a phoenix company. He had engaged in a pattern of offending that involved his companies accumulating debt, which the defendant would then attempt to evade by dissolving the companies and forming new ones. A previous sentencing indication had shown a final sentence of five years 10 months' imprisonment. The defendant argued that the offending was driven by his underlying addiction and psychological issues, and that he was making attempts at rehabilitation. However given the nature and seriousness of the offending, the Court found that no significant discounts were warranted. The final sentence was five years and three months' imprisonment. Judgment Date: 5 May 2020
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