Wellicome, R. v

Wellicome, R. v

The appellant's medical condition had deteriorated in prison, making incarceration significantly more onerous. Had this information been available at sentencing, a greater discount would have been applied. The appropriate sentence is two years' imprisonment, substituting the original three-year term.

Parties
Prosecution: Regina; Appellant: Colin Basil Wellicome
Jurisdiction
England and Wales
Judgment Date
18 August 2009
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Conspiracy to Defraud, Sentencing, Mitigation, Health Considerations, Disparity in Sentencing
Criminal Law Conspiracy to Defraud Sentencing Mitigation Health Considerations Disparity in Sentencing

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Colin Basil Wellicome

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether sufficient account was taken of the appellant's medical condition
  3. 3 Whether there was unjustified disparity between sentences imposed on co-conspirators

Ratio Decidendi

The appellant's medical condition had deteriorated in prison, making incarceration significantly more onerous. Had this information been available at sentencing, a greater discount would have been applied. The appropriate sentence is two years' imprisonment, substituting the original three-year term.

Court Disposition

appeal allowed

Orders

  • The sentence of three years' imprisonment is substituted with a term of two years' imprisonment.