Isle of Man: Company director jailed for VAT fraud after appeal

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Douglas Court HouseImage source, Manx Radio
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Richard Kissack was initially handed a 22-month suspended sentence

A company director who avoided paying £190,000 in VAT for more than six years has been jailed after his initial sentence was found to be "too lenient".

Richard Kissack, 52, was given a 22-month suspended sentence in May for the fraud.

An appeal by the Attorney General argued this "undermined public confidence in the justice system".

It was upheld and a new sentence of 13 months in prison was handed down.

Kissack, of Falcon Cliff Court in Douglas, had pleaded guilty to one count of VAT evasion and eight VAT fraud offences.

He made 27 separate under declarations through his recruitment agency Ambitions Limited between July 2011 and April 2019.

'Unduly lenient'

Deemster Cook chose to suspend the 22-month sentence for two years because the firm's employees might lose their jobs if Kissack was sent to prison.

It was also said a custodial sentence would leave his family "floundering" if they had to sell their home to make up the VAT debt.

In June, the court was asked by the Attorney General to quash Kissack's suspended sentence and replace it with 22 months in jail.

The appeal argued the "unduly lenient" punishment "did not meet the justice of the case", and could lead to "a genuine sense of public grievance".

Ruling in favour of the appeal, Judge of Appeals Jeremy Storey QC and Deemster Alastair Montgomerie said the reasons for suspending the sentence "took into account irrelevant factors", and "failed to have regard to the need to impose a deterrent sentence".

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