Bowers & Ors, R. v
The appellants could not have a legitimate expectation that an irregular and unorthodox sentence indication would be binding; the sentences imposed were not manifestly excessive and properly reflected the seriousness and scale of the criminality, and the principle of totality was appropriately applied.
- Parties
- Respondent: Regina; Appellant: Anthony Bowers; Appellant: Lewis Nicholl; Appellant: Martin Bowers; Appellant: Joseph Ashman; Appellant: Jonathan Michael Turner
- Jurisdiction
- England and Wales
- Judgment Date
- 20 June 2006
- Procedural Posture
- Criminal Appeal / Judgment on Appeal Against Sentence
- Outcome
- appeal dismissed
- Legal Topics
- Conspiracy, Sentencing, Legitimate Expectation, Procedure for Sentence Indication, Principle of Totality
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Respondent
Anthony Bowers
Appellant
Lewis Nicholl
Appellant
Martin Bowers
Appellant
Joseph Ashman
Appellant
Jonathan Michael Turner
Appellant
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Legal Issues
- 1 Whether the sentences imposed were manifestly excessive
- 2 Whether the judge was bound by an informal sentence indication allegedly given through court staff
- 3 Whether the principle of totality was properly applied
Ratio Decidendi
The appellants could not have a legitimate expectation that an irregular and unorthodox sentence indication would be binding; the sentences imposed were not manifestly excessive and properly reflected the seriousness and scale of the criminality, and the principle of totality was appropriately applied.
Court Disposition
appeal dismissed
Full Case Text
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