Taylor, R. v [2008] EWCA Crim 465 (22 February 2008)

Taylor, R. v [2008] EWCA Crim 465 (22 February 2008)

The minimum term of eight years was manifestly excessive in light of the Sentencing Guidelines and the totality principle; the correct minimum term is seven years, less 114 days spent on remand, resulting in a minimum term of six years and 224 days. Double deduction of remand time is not applicable to imprisonment...

Source-derived case information.

Citation
[2008] EWCA Crim 465
Parties
Prosecution: Regina; Appellant: Barrington Robert Taylor
Jurisdiction
England and Wales
Judgment Date
22 February 2008
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
appeal allowed in part
Legal Topics
Robbery, Assault Occasioning Actual Bodily Harm, Sentencing, Imprisonment for Public Protection, Remand Time Deduction
Criminal Law Robbery Assault Occasioning Actual Bodily Harm Sentencing Imprisonment for Public Protection Remand Time Deduction

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Parties

Regina

Prosecution

Barrington Robert Taylor

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Was the minimum term of eight years for imprisonment for public protection manifestly excessive?
  2. 2 What period should be deducted from the minimum term for time spent on remand?
  3. 3 What should the sentences have been for the assaults occasioning actual bodily harm?

Ratio Decidendi

The minimum term of eight years was manifestly excessive in light of the Sentencing Guidelines and the totality principle; the correct minimum term is seven years, less 114 days spent on remand, resulting in a minimum term of six years and 224 days. Double deduction of remand time is not applicable to imprisonment for public protection.

Court Disposition

appeal allowed in part

Orders

  • Minimum term reduced from eight years to seven years, less 114 days spent on remand, resulting in a minimum term of six years and 224 days.
  • Concurrent extended sentences to be imposed for assaults occasioning actual bodily harm.