Whitehead, R. v [2003] EWCA Crim 1271 (8 May 2003)

Whitehead, R. v [2003] EWCA Crim 1271 (8 May 2003)

The Crown Court exceeded its sentencing powers by imposing a sentence greater than the statutory maximum for an either way offence committed under s.6 of the 2000 Act and by exceeding the aggregate limit for summary offences. The sentences must be adjusted to comply with statutory requirements, but the overall sentence of 30 months is maintained by reconfiguring the individual sentences within lawful limits.

Citation
[2003] EWCA Crim 1271
Parties
Respondent: Regina; Applicant: Craig Whitehead
Jurisdiction
England and Wales
Judgment Date
08 May 2003
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
leave to appeal granted; appeal allowed in part
Legal Topics
Sentencing Powers, Committal for Sentence, Aggregate Sentencing Limits, Interpretation of Statutory Provisions
Criminal Law Sentencing Powers Committal for Sentence Aggregate Sentencing Limits Interpretation of Statutory Provisions

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Parties

Regina

Respondent

Craig Whitehead

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed by the Crown Court exceeded statutory limits for offences committed for sentence under the Powers of Criminal Courts (Sentencing) Act 2000 and the Bail Act 1976
  2. 2 Whether the aggregate sentences for summary and either way offences were lawful
  3. 3 Whether references to statutory provisions in the memorandum of conviction were misrecorded

Ratio Decidendi

The Crown Court exceeded its sentencing powers by imposing a sentence greater than the statutory maximum for an either way offence committed under s.6 of the 2000 Act and by exceeding the aggregate limit for summary offences. The sentences must be adjusted to comply with statutory requirements, but the overall sentence of 30 months is maintained by reconfiguring the individual sentences within lawful limits.

Court Disposition

leave to appeal granted; appeal allowed in part

Orders

  • Sentence for possessing a bladed article reduced from 9 months to 6 months imprisonment
  • Sentences for offences 4, 5, 7, and 8 to run concurrently with the 6 month sentence for offence 3