Bignell, R. v [2006] EWCA Crim 69 (17 January 2006)

Bignell, R. v [2006] EWCA Crim 69 (17 January 2006)

The total sentence imposed was manifestly excessive in light of the totality principle and the proper application of section 116 Powers of Criminal Courts (Sentencing) Act 2000. The period to be served under section 116 should be reduced and ordered to be served before the new sentence, resulting in a total sentence of 24 months.

Citation
[2006] EWCA Crim 69
Parties
Prosecution: Regina; Appellant: Anthony Bignell
Jurisdiction
England and Wales
Judgment Date
17 January 2006
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Totality Principle, Section 116 Powers of Criminal Courts (sentencing) Act 2000, Consecutive and Concurrent Sentences, Recall to Custody
Criminal Law Sentencing Totality Principle Section 116 Powers of Criminal Courts (sentencing) Act 2000 Consecutive and Concurrent Sentences Recall to Custody

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Parties

Regina

Prosecution

Anthony Bignell

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the total sentence imposed was manifestly excessive in light of the totality principle
  2. 2 Proper application of section 116 Powers of Criminal Courts (Sentencing) Act 2000 regarding consecutive and concurrent sentences

Ratio Decidendi

The total sentence imposed was manifestly excessive in light of the totality principle and the proper application of section 116 Powers of Criminal Courts (Sentencing) Act 2000. The period to be served under section 116 should be reduced and ordered to be served before the new sentence, resulting in a total sentence of 24 months.

Court Disposition

appeal allowed in part

Orders

  • The period of return to custody under section 116 is reduced to twelve months and ordered to be served before the twelve-month sentence for assault occasioning actual bodily harm, resulting in a total sentence of 24 months.
  • No recovery of defence costs order.