Johnson, R v

Johnson, R v

While a custodial sentence was appropriate due to the seriousness of the offence and breach of trust, the sentence should reflect the limited basis on which the Crown put its case; thus, the sentence was reduced from 15 months to 9 months' imprisonment.

Parties
Respondent: Regina; Appellant: Andrew Johnson
Jurisdiction
England and Wales
Judgment Date
07 November 2006
Procedural Posture
Criminal Appeal / Sentence Appeal
Outcome
appeal allowed in part
Legal Topics
Theft, Sentencing, Breach of Trust
Criminal Law Theft Sentencing Breach of Trust

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Respondent

Andrew Johnson

Appellant

Procedural Posture

Criminal Appeal / Sentence Appeal

Legal Issues

  1. 1 Whether the sentence of 15 months' imprisonment for theft by a postal worker was manifestly excessive

Ratio Decidendi

While a custodial sentence was appropriate due to the seriousness of the offence and breach of trust, the sentence should reflect the limited basis on which the Crown put its case; thus, the sentence was reduced from 15 months to 9 months' imprisonment.

Court Disposition

appeal allowed in part

Orders

  • Sentence reduced from 15 months to 9 months' imprisonment