Douglas, R. v [2023] EWCA Crim 1709 (07 December 2023)

Douglas, R. v [2023] EWCA Crim 1709 (07 December 2023)

The Recorder was not justified in departing so significantly from the Sentencing Council guidelines; the sentence imposed was manifestly excessive. The correct approach was to impose a sentence within the guideline range, with an upward adjustment for previous convictions and behaviour on arrest, and to impose the statutory minimum sentence for possession of a bladed article consecutively.

Citation
[2023] EWCA Crim 1709
Parties
Prosecution: Rex; Appellant: Anthony Douglas
Jurisdiction
England and Wales
Judgment Date
07 December 2023
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Burglary, Possession of Bladed Article, Possession of Controlled Drugs, Sentencing Council Guidelines, Totality Principle
Criminal Law Sentencing Burglary Possession of Bladed Article Possession of Controlled Drugs Sentencing Council Guidelines Totality Principle

Case Brief

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Parties

Rex

Prosecution

Anthony Douglas

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence for going equipped for burglary was manifestly excessive
  2. 2 Whether the Recorder was justified in departing from Sentencing Council guidelines
  3. 3 Whether the sentence for possession of a bladed article should have been imposed consecutively

Ratio Decidendi

The Recorder was not justified in departing so significantly from the Sentencing Council guidelines; the sentence imposed was manifestly excessive. The correct approach was to impose a sentence within the guideline range, with an upward adjustment for previous convictions and behaviour on arrest, and to impose the statutory minimum sentence for possession of a bladed article consecutively.

Court Disposition

appeal allowed in part

Orders

  • Quash sentence of 21 months' imprisonment for going equipped for burglary
  • Substitute sentence of 10 months' imprisonment for going equipped for burglary