Powell, R v

Powell, R v

The sentence for aggravated burglary was unduly lenient due to misapplication of the sentencing guideline; the offence warranted a sentence at the top of category 2, moderated for personal mitigation and limited credit for guilty plea, resulting in an increased sentence of 6 years for count 1.

Parties
Prosecution: Regina; Offender: Samuel Clive Martin Powell
Jurisdiction
England and Wales
Judgment Date
14 December 2017
Procedural Posture
Criminal / Attorney General's Reference Under S.36 Criminal Justice Act 1988, Appellate Review of Sentence
Outcome
sentence increased
Legal Topics
Aggravated Burglary, Sentencing Guidelines, Unduly Lenient Sentence, Goodyear Indication, Attorney General's Reference
Criminal Law Aggravated Burglary Sentencing Guidelines Unduly Lenient Sentence Goodyear Indication Attorney General's Reference

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Parties

Regina

Prosecution

Samuel Clive Martin Powell

Offender

Procedural Posture

Criminal / Attorney General's Reference Under S.36 Criminal Justice Act 1988, Appellate Review of Sentence

Legal Issues

  1. 1 Was the sentence for aggravated burglary unduly lenient?
  2. 2 Was the Sentencing Council's guideline correctly applied regarding categorisation?
  3. 3 Should the court depart from prosecuting counsel's concession on category in the context of a Goodyear indication?

Ratio Decidendi

The sentence for aggravated burglary was unduly lenient due to misapplication of the sentencing guideline; the offence warranted a sentence at the top of category 2, moderated for personal mitigation and limited credit for guilty plea, resulting in an increased sentence of 6 years for count 1.

Court Disposition

sentence increased

Orders

  • Sentence for count 1 (aggravated burglary) increased to 6 years imprisonment.
  • Sentence for count 2 (common assault) remains 4 months consecutive.