Tomney, R. v [2024] EWCA Crim 101 (31 January 2024)

Tomney, R. v [2024] EWCA Crim 101 (31 January 2024)

The judge was entitled to find that particular circumstances relating to the offender, specifically his genuine rehabilitation and drug-free status, made it unjust to impose the statutory minimum sentence; the suspended sentence better protected the public.

Citation
[2024] EWCA Crim 101
Parties
Prosecutor: Rex; Offender: Oris Tomney
Jurisdiction
England and Wales
Judgment Date
31 January 2024
Procedural Posture
Criminal Reference Under S.36 Criminal Justice Act 1988 / Court of Appeal Judgment on Attorney General's Reference
Outcome
Reference dismissed
Legal Topics
Unduly Lenient Sentence, Burglary, Possession With Intent to Supply, Sentencing Guidelines, Suspended Sentence
Criminal Law Unduly Lenient Sentence Burglary Possession With Intent to Supply Sentencing Guidelines Suspended Sentence

Case Brief

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Parties

Rex

Prosecutor

Oris Tomney

Offender

Procedural Posture

Criminal Reference Under S.36 Criminal Justice Act 1988 / Court of Appeal Judgment on Attorney General's Reference

Legal Issues

  1. 1 Whether the sentencing judge erred in not imposing the statutory minimum sentence for burglary
  2. 2 Whether the sentence imposed was unduly lenient

Ratio Decidendi

The judge was entitled to find that particular circumstances relating to the offender, specifically his genuine rehabilitation and drug-free status, made it unjust to impose the statutory minimum sentence; the suspended sentence better protected the public.

Court Disposition

Reference dismissed

Orders

  • Leave to refer granted
  • Reference dismissed; original sentence of two years' imprisonment suspended for two years upheld