Shutt, R. v

Shutt, R. v

The Recorder overestimated the seriousness of the breach of trust and underestimated the mitigation arising from the applicant's involvement in traumatic robberies. A lower, suspended sentence was appropriate given the circumstances.

Parties
Prosecutor: Regina; Applicant: Andrew Shutt
Jurisdiction
England and Wales
Judgment Date
10 December 2010
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Theft, Sentencing, Mitigation, Appeal Against Sentence
Criminal Law Theft Sentencing Mitigation Appeal Against Sentence

Case Brief

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Parties

Regina

Prosecutor

Andrew Shutt

Applicant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was commensurate with the seriousness of the offences and the mitigation available
  2. 2 Whether the degree of trust breached was high or significant under sentencing guidelines
  3. 3 Whether the sentence should have been suspended

Ratio Decidendi

The Recorder overestimated the seriousness of the breach of trust and underestimated the mitigation arising from the applicant's involvement in traumatic robberies. A lower, suspended sentence was appropriate given the circumstances.

Court Disposition

appeal allowed

Orders

  • sentence reduced to six months imprisonment suspended for two years
  • 12 months supervision with supervision requirement