O'Meally, R v

O'Meally, R v

The judge lacked legal authority to increase the minimum term to include a suspended sentence for a non-specified offence; the sentence was therefore unlawful and required correction.

Source-derived case information.

Parties
Respondent: The Crown; Applicant: Benjamin Hezekia O'Meally
Jurisdiction
England and Wales
Judgment Date
09 December 2015
Procedural Posture
Criminal Appeal / Post Conviction, Sentence Appeal Following Reference by Criminal Cases Review Commission
Outcome
appeal allowed in part
Legal Topics
Sentencing, Minimum Term, Sexual Offences Prevention Order, Suspended Sentence, Jurisdiction of Sentencing Court
Criminal Law Sentencing Minimum Term Sexual Offences Prevention Order Suspended Sentence Jurisdiction of Sentencing Court

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Parties

The Crown

Respondent

Benjamin Hezekia O'Meally

Applicant

Procedural Posture

Criminal Appeal / Post Conviction, Sentence Appeal Following Reference by Criminal Cases Review Commission

Legal Issues

  1. 1 Whether the sentencing judge had power to increase the minimum term to incorporate a sentence for breach of a suspended sentence for a non-specified offence
  2. 2 Whether the minimum term imposed was lawful

Ratio Decidendi

The judge lacked legal authority to increase the minimum term to include a suspended sentence for a non-specified offence; the sentence was therefore unlawful and required correction.

Court Disposition

appeal allowed in part

Orders

  • Leave to appeal granted.
  • Minimum term of nine years three months quashed and substituted with eight years nine months imprisonment.