Jesson, R. v

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

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Regina

Respondent

Anthony Jesson

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

  1. 1 Whether the sentence imposed was too severe in its aim to add 12 months to the existing sentence
  2. 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