R v Anthony Douglas

R v Anthony Douglas

The sentence of 21 months' imprisonment for going equipped for burglary was manifestly excessive and not justified by the guidelines or the facts. The appropriate sentence, after adjustment for previous convictions and a guilty plea, was ten months' imprisonment, to be served consecutively to the statutory minimum sentence of six months for possession of a bladed article, making a total of 16 months' imprisonment.

Parties
Prosecution: Rex; Appellant: Anthony Douglas
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Going Equipped for Burglary, Possession of Bladed Article, Possession of Controlled Drugs, Sentencing Guidelines, Totality Principle
Criminal Law Sentencing Going Equipped for Burglary Possession of Bladed Article Possession of Controlled Drugs Sentencing Guidelines Totality Principle

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Parties

Rex

Prosecution

Anthony Douglas

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for going equipped for burglary was manifestly excessive
  2. 2 Whether the sentencing judge properly applied the Sentencing Council guidelines
  3. 3 Whether sentences should have been ordered to run concurrently or consecutively

Ratio Decidendi

The sentence of 21 months' imprisonment for going equipped for burglary was manifestly excessive and not justified by the guidelines or the facts. The appropriate sentence, after adjustment for previous convictions and a guilty plea, was ten months' imprisonment, to be served consecutively to the statutory minimum sentence of six months for possession of a bladed article, making a total of 16 months' imprisonment.

Court Disposition

appeal allowed in part

Orders

  • Sentence of 21 months' imprisonment for going equipped for burglary quashed and substituted with ten months' imprisonment.
  • Ten months' imprisonment to be served consecutively to six months' imprisonment for possession of a bladed article, making a total of 16 months.