Douglas & Anor, R v [2019] EWCA Crim 835 (3 May 2019)
The sentences imposed were not manifestly excessive; they properly reflected the seriousness of the offences, breach of trust, harm to the victim and care home, and relevant mitigation. The judge correctly applied the Sentencing Council guidelines and allowed appropriate credit for guilty pleas.
- Citation
- [2019] EWCA Crim 835
- Parties
- Prosecution: Regina; Appellant: Carly Douglas; Applicant: Susan Stewart
- Jurisdiction
- England and Wales
- Judgment Date
- 03 May 2019
- Procedural Posture
- Criminal Appeal / Judgment on Appeal Against Sentence
- Outcome
- appeal dismissed; application for leave refused
- Legal Topics
- Theft, Fraud, Money Laundering, Sentencing, Breach of Trust
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Prosecution
Carly Douglas
Appellant
Susan Stewart
Applicant
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Legal Issues
- 1 Whether the sentences imposed on Carly Douglas and Susan Stewart were manifestly excessive
- 2 Whether the sentencing judge correctly applied the Sentencing Council guidelines
- 3 Whether sufficient credit was given for mitigation and guilty pleas
Ratio Decidendi
The sentences imposed were not manifestly excessive; they properly reflected the seriousness of the offences, breach of trust, harm to the victim and care home, and relevant mitigation. The judge correctly applied the Sentencing Council guidelines and allowed appropriate credit for guilty pleas.
Court Disposition
appeal dismissed; application for leave refused
Orders
- Carly Douglas's appeal against sentence dismissed
- Susan Stewart's application for leave to appeal sentence refused
Full Case Text
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