Hutt, R. v

Hutt, R. v

The sentence of 19 years' imprisonment was neither wrong in principle nor manifestly excessive; the use of the prior caution as an aggravating factor was lawful and did not amount to double punishment; the application for extension of time and leave to appeal had no prospect of success.

Parties
Prosecutor: Regina; Applicant: Colin Paul Hutt
Jurisdiction
England and Wales
Judgment Date
18 December 2018
Procedural Posture
Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Sentence
Outcome
applications for extension of time and for leave to appeal against sentence refused
Legal Topics
Attempted Murder, Sentencing, Aggravating and Mitigating Factors, Extension of Time, Double Jeopardy
Criminal Law Attempted Murder Sentencing Aggravating and Mitigating Factors Extension of Time Double Jeopardy

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Parties

Regina

Prosecutor

Colin Paul Hutt

Applicant

Procedural Posture

Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence was manifestly excessive or wrong in principle
  2. 2 Whether the use of a prior caution as an aggravating factor amounted to double punishment
  3. 3 Whether the applicant should be granted an extension of time to appeal and leave to substitute new grounds

Ratio Decidendi

The sentence of 19 years' imprisonment was neither wrong in principle nor manifestly excessive; the use of the prior caution as an aggravating factor was lawful and did not amount to double punishment; the application for extension of time and leave to appeal had no prospect of success.

Court Disposition

applications for extension of time and for leave to appeal against sentence refused

Orders

  • applications for extension of time and for leave to appeal against sentence are refused