Mitchell, R v [2011] EWCA Crim 2030 (05 August 2011)

Mitchell, R v [2011] EWCA Crim 2030 (05 August 2011)

The Crown Court was limited 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 2000 Act. The sentence of 12 months exceeded statutory limits and was unlawful.

Citation
[2011] EWCA Crim 2030
Parties
Respondent: Regina; Appellant: Anthony Edward Mitchell
Jurisdiction
England and Wales
Judgment Date
05 August 2011
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence, Full Court Hearing
Outcome
appeal allowed in part
Legal Topics
Sentencing Powers, Racially Aggravated Offences, Breach of Suspended Sentence, Committal Procedure
Criminal Law Sentencing Powers Racially Aggravated Offences Breach of Suspended Sentence Committal Procedure

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Parties

Regina

Respondent

Anthony Edward Mitchell

Appellant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence, Full Court Hearing

Legal Issues

  1. 1 Whether the Crown Court had power to impose more than six months' imprisonment for racially aggravated threatening, abusive or insulting words or behaviour 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 limited 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 2000 Act. The sentence of 12 months exceeded statutory limits and was unlawful.

Court Disposition

appeal allowed in part

Orders

  • Sentence of 12 months' imprisonment for racially aggravated offence quashed
  • Substituted sentence of five months' imprisonment for racially aggravated offence, consecutive to seven months activated suspended sentence