Bateman, R. v

Bateman, R. v

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 those limits are unlawful.

Source-derived case information.

Parties
Respondent: The Queen; Appellant: Andrew Bateman; Appellant: Stuart Doyle
Jurisdiction
England and Wales
Judgment Date
27 November 2012
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeals allowed in part
Legal Topics
Powers of Crown Court, Committal for Sentence, Breach of Suspended Sentence, Sentencing Limits
Criminal Law Sentencing Powers of Crown Court Committal for Sentence Breach of Suspended Sentence Sentencing Limits

Source-derived case record

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 11 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 / Judgment on Appeal

Legal Issues

  1. 1 Whether the 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 offender is committed for breach of a suspended sentence.
  2. 2 Interpretation of section 7(1) and 7(2) of the Powers of Criminal Courts (Sentencing) Act 2000.

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 those limits are unlawful.

Court Disposition

appeals allowed in part

Orders

  • Bateman: Sentence for assaults quashed and substituted with 5 months’ imprisonment for each, to run concurrently; suspended sentence activation order not interfered with; total sentence 17 months.
  • Doyle: Sentence for producing cannabis quashed and substituted with 4 months’ imprisonment; sentence for breach of suspended sentence quashed and substituted with 6 months’ imprisonment; total sentence 10 months.