Bateman, R. v [2012] EWCA Crim 2158 (27 November 2012)

Bateman, R. v [2012] EWCA Crim 2158 (27 November 2012)

On committal to the Crown Court for breach of a suspended sentence imposed by that court, the Crown Court's sentencing powers for associated offences committed under section 6 are limited to those of the magistrates' court; sentences exceeding magistrates' powers are unlawful.

Citation
[2012] EWCA Crim 2158
Parties
Respondent: The Queen; Appellant: Andrew Bateman; Appellant: Stuart Doyle
Jurisdiction
England and Wales
Judgment Date
27 November 2012
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
Appeals allowed in part; unlawful sentences quashed and substituted with sentences within magistrates' powers.
Legal Topics
Sentencing Powers, Committal for Sentence, Suspended Sentences, Magistrates' Court Powers, Crown Court Powers
Criminal Law Sentencing Powers Committal for Sentence Suspended Sentences Magistrates' Court Powers Crown Court Powers

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

The Queen

Respondent

Andrew Bateman

Appellant

Stuart Doyle

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Crown Court's sentencing powers for associated offences committed under section 6 of the Powers of Criminal Courts (Sentencing) Act 2000 are limited to those of the magistrates' court when the committal is for breach of a suspended sentence imposed by the Crown Court

Ratio Decidendi

On committal to the Crown Court for breach of a suspended sentence imposed by that court, the Crown Court's sentencing powers for associated offences committed under section 6 are limited to those of the magistrates' court; sentences exceeding magistrates' powers are unlawful.

Court Disposition

Appeals allowed in part; unlawful sentences quashed and substituted with sentences within magistrates' powers.

Orders

  • Bateman: Sentence for assaults reduced to 5 months each, concurrent; suspended sentence activation upheld; total 17 months' imprisonment.
  • Doyle: Sentence for producing cannabis reduced to 4 months; suspended sentence activation reduced to 6 months; total 10 months' imprisonment.