Jesson, R. v
The correct approach was to make an order under section 116 of the Powers of Criminal Courts (Sentencing) Act 2000, not to impose a longer concurrent sentence. The sentence passed by the trial judge was quashed and substituted with an order for return to custody for 251 days and a consecutive sentence of two years' imprisonment.
- Parties
- Respondent: Regina; Appellant: Anthony Jesson
- Jurisdiction
- England and Wales
- Judgment Date
- 24 May 2007
- Procedural Posture
- Criminal Appeal / Judgment on Appeal Against Sentence
- Outcome
- appeal allowed; sentence quashed and substituted
- Legal Topics
- Sentencing, Possession of Criminal Property, Administrative Recall, Concurrent and Consecutive Sentences
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Respondent
Anthony Jesson
Appellant
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Legal Issues
- 1 Whether the sentence imposed was too severe in its aim to add 12 months to the existing sentence
- 2 Whether the technical solution adopted by the trial judge to achieve the sentencing objective was correct in law
Ratio Decidendi
The correct approach was to make an order under section 116 of the Powers of Criminal Courts (Sentencing) Act 2000, not to impose a longer concurrent sentence. The sentence passed by the trial judge was quashed and substituted with an order for return to custody for 251 days and a consecutive sentence of two years' imprisonment.
Court Disposition
appeal allowed; sentence quashed and substituted
Orders
- Sentence passed by the trial judge quashed
- Order under section 116 of the Powers of Criminal Courts (Sentencing) Act 2000 for return to custody for 251 days
Full Case Text
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