Mitchell, R v

Mitchell, R v

The Crown Court was restricted to imposing a maximum of six months' imprisonment for the racially aggravated offence, as only one offence was triable either way and the committal was under section 6 of the Powers of Criminal Courts (Sentencing) Act 2000. The original sentence of 12 months was unlawful and must be reduced to five months, consecutive to the activated suspended sentence.

Parties
Respondent: Regina; Appellant: Anthony Edward Mitchell
Jurisdiction
England and Wales
Judgment Date
05 August 2011
Procedural Posture
Criminal Appeal / Judgment on Application for Leave to Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Racially Aggravated Offences, Public Order Offences, Powers of Crown Court, Breach of Suspended Sentence
Criminal Law Sentencing Racially Aggravated Offences Public Order Offences Powers of Crown Court Breach of Suspended Sentence

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Parties

Regina

Respondent

Anthony Edward Mitchell

Appellant

Procedural Posture

Criminal Appeal / Judgment on Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the Crown Court had power to impose a sentence greater than six months for an offence triable either way committed in breach of a suspended sentence
  2. 2 Whether the sentence imposed exceeded statutory limits under the Powers of Criminal Courts (Sentencing) Act 2000

Ratio Decidendi

The Crown Court was restricted to imposing a maximum of six months' imprisonment for the racially aggravated offence, as only one offence was triable either way and the committal was under section 6 of the Powers of Criminal Courts (Sentencing) Act 2000. The original sentence of 12 months was unlawful and must be reduced to five months, consecutive to the activated suspended sentence.

Court Disposition

appeal allowed in part

Orders

  • Sentence of 12 months' imprisonment for racially aggravated threatening, abusive or insulting words or behaviour quashed.
  • Substituted sentence of five months' imprisonment for racially aggravated offence, consecutive to seven months activated suspended sentence.