Cessford & Anor, R. v [2016] EWCA Crim 1408 (27 July 2016)

Cessford & Anor, R. v [2016] EWCA Crim 1408 (27 July 2016)

The sentences imposed were unduly lenient given the aggravating factors of threat of violence, use of a knife, and significant previous convictions; the court had jurisdiction to consider Maxwell's case as the burglary involved a threat of violence to an occupier, making it indictable only.

Citation
[2016] EWCA Crim 1408
Parties
Prosecution: Regina; Offender: Darren Cessford; Offender: Jay Lewis Maxwell
Jurisdiction
England and Wales
Judgment Date
27 July 2016
Procedural Posture
Attorney General's Reference (criminal) / Appeal Against Sentence (unduly Lenient Sentence Reference)
Outcome
Appeal allowed; sentences increased
Legal Topics
Burglary, Sentencing, Attorney General's Reference, Minimum Sentences, Youth Offenders
Criminal Law Burglary Sentencing Attorney General's Reference Minimum Sentences Youth Offenders

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Parties

Regina

Prosecution

Darren Cessford

Offender

Jay Lewis Maxwell

Offender

Procedural Posture

Attorney General's Reference (criminal) / Appeal Against Sentence (unduly Lenient Sentence Reference)

Legal Issues

  1. 1 Whether the sentences imposed on Cessford and Maxwell for burglary were unduly lenient
  2. 2 Whether the court had jurisdiction to entertain the Attorney-General's Reference in Maxwell's case

Ratio Decidendi

The sentences imposed were unduly lenient given the aggravating factors of threat of violence, use of a knife, and significant previous convictions; the court had jurisdiction to consider Maxwell's case as the burglary involved a threat of violence to an occupier, making it indictable only.

Court Disposition

Appeal allowed; sentences increased

Orders

  • Cessford's sentence increased from 3 years to 4.5 years' imprisonment
  • Maxwell's sentence increased from 21 months to 33 months' detention in a young offender institution