Nelson, R. v

Nelson, R. v

The starting point for sentence should have been 4 years and 3 months, not 5 years and 3 months; with a full one-third discount for the early guilty plea, the appropriate sentence is 2 years and 10 months.

Source-derived case information.

Parties
Prosecutor: Regina; Appellant: Aaron Lee Nelson
Jurisdiction
England and Wales
Judgment Date
03 December 2013
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed in part; sentence reduced
Legal Topics
Burglary, Sentencing, Early Guilty Plea, Minimum Sentence Provisions
Criminal Law Burglary Sentencing Early Guilty Plea Minimum Sentence Provisions

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Prosecutor

Aaron Lee Nelson

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for burglary was manifestly excessive
  2. 2 Whether sufficient credit was given for the early guilty plea under the minimum sentence provisions

Ratio Decidendi

The starting point for sentence should have been 4 years and 3 months, not 5 years and 3 months; with a full one-third discount for the early guilty plea, the appropriate sentence is 2 years and 10 months.

Court Disposition

appeal allowed in part; sentence reduced

Orders

  • Sentence reduced to 2 years and 10 months' imprisonment